ALSO INSIDE: Integrated Estate Planning New Judicial Leaders • Private Takings in Oklahoma

Volume 90 — No. 1 — January 2019

Meet Your Bar Association

President Charles W. “Chuck” Chesnut CLE by the Sea 2019 Honolulu, Hawai‘i - February 11-15, 2019 Alaska Bar Association · Colorado Bar Association CLE · FLORIDA BAR ASSOCIATION · State Bar of Georgia Hawai’i State Bar Association · IDAHO BAR ASSOCIATION · Internet for Lawyers · Kansas Bar Association Maine State Bar Association · MARYLAND BAR ASSOCIATION · State Bar of Montana · Oklahoma Bar Association OREGON BAR ASSOCIATION · South Carolina Bar · TENNESSEE BAR ASSOCIATION · WASHINGTON BAR ASSOCIATION · Wyoming State Bar Attendees will find the CLE programming schedule and events ideal for learning and relaxation. HOTEL INFORMATION: Prince Waikiki, 100 Holomoana Street Honolulu, Hawaii 96815 Reservations: (800) 321-6248 Oklahoma: 14.5 hours including 10 hours of ethics (based on a 50-minute credit hour). TUITION $550

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contents January 2019 • Vol. 90 • No. 1

THEME: Meet Your Bar Association Editor: Carol Manning

FEATURES PLUS 6 2019 OBA President Chuck Chesnut 40 New Leaders Take Helm of Oklahoma’s By Lacey Plaudis Two Highest Courts 12 OBA Officers and Board of Governors 42 Integrated Estate Planning for the Projection and Succession of the 20 OBA Departments and Services Family Business 26 Member Benefits and Discounted Services By Philip R. Feist 31 Stay Connected With Your Association 50 Private Takings in Oklahoma Under 32 OBA Sections Article 11, §23 of the Oklahoma Constitution By Stephen P. Gray and M. Scott Major DEPARTMENTS 4 From the President 54 From the Executive Director 56 Law Practice Tips 60 Ethics & Professional Responsibility 63 Board of Governors Actions 65 Oklahoma Bar Foundation News

68 Young Lawyers Division PAGE 40 – New Judicial Leaders 70 For Your Information 73 Bench and Bar Briefs 74 In Memoriam 76 Editorial Calendar 77 What’s Online 80 The Back Page

PAGE 42 – Integrated Estate Planning From The President The Year Ahead By Charles W. Chesnut

LEARNED FROM MY FATHER, who was a lawyer, capacities. We will be fortunate to have her I civic leader and public servant, that making a living as lead the association in 2020. Lane has been a lawyer and making a difference in the world are comple- very involved with the OBA YLD and is a mentary and completely doable. It is a high honor to serve as past chair of that group. He will be a leader your president in 2019. As president, I come to this posi- in our association for years to come. I am tion with a sense of pride in our association and true grateful they have chosen to dedicate their respect for the task of representing the membership of time and talent to our organization. the Oklahoma Bar Association. I am not one for making lofty promises. However, the bar was set high prior to my coming My goal this year is simple – keep doing well to this position, and I promise I will do my the things we do well and work diligently on the best to leave things as good or better than I areas that need improvement. We will continue found them. Serving as president to provide great service to our members. of this association is a tremendous challenge personally – it pushes one outside one’s com- fort zone in many ways. Yet it also presents a wonderful I would like to recognize our Past opportunity to continue to build on the accomplishments of President Kim Hays. Last year, she not only former OBA leaders. When I look at the history of the OBA practiced law full time, but she ably filled the and those who have served in the past as OBA presidents, it role of OBA president, was a wife to Alan and makes me both proud and humble to be elected as presi- a mom to Noelle and Parker. That didn’t leave dent of this organization. I will work to a lot of time for Kim. Serving as OBA presi- steer our association in a direction that dent is a time-consuming venture. It makes will serve our membership well, help huge demands on one personally and profes- make us better lawyers and people, sionally. When you see Kim, please thank her and fairly and responsibly regulate our for dedicating a year of her life to this job. legal profession. I have always believed We have 17 members on our Board of that is the job of a bar association. Governors. They come from all parts of The team guiding the OBA in 2019 the state and all walks of life. They are a is outstanding. Our President-Elect talented group of individuals. They come Susan Shields of Oklahoma City, and together monthly in an effort to provide pos- our Vice President Lane Neal, also of itive direction to our bar association. I have Oklahoma City, have both compiled been impressed when I have asked them outstanding records of leadership in to serve in any capacity, they have will- the OBA. Susan has been very involved ingly accepted the charge. That kind of President Chesnut practices in Miami. over the years in the OBA and has person is wanted everywhere. I am proud [email protected] 918-542-1845 served with distinction in a number of we have them leading this association. (continued on page 55)

4 | JANUARY 2019 THE OKLAHOMA BAR JOURNAL THE OKLAHOMA BAR JOURNAL is a publication of the Oklahoma Bar Association. All rights reserved. Copyright© 2019 Oklahoma Bar Association. Statements or opinions expressed herein are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Volume 90 — No. 1 — January 2019 Board of Editors or staff. Although advertising copy is reviewed, no endorsement of any product or service offered by any advertisement is intended or implied by publication. JOURNAL STAFF BOARD OF EDITORS Advertisers are solely responsible for the JOHN MORRIS WILLIAMS MELISSA DELACERDA, Stillwater, Chair content of their ads, and the OBA reserves Editor-in-Chief the right to edit or reject any advertising copy [email protected] LUKE ADAMS, Clinton for any reason. Legal articles carried in THE OKLAHOMA BAR JOURNAL are selected CAROL A. MANNING, Editor CLAYTON BAKER, Vinita by the Board of Editors. Information about [email protected] submissions can be found at www.okbar.org. AARON BUNDY, Tulsa MACKENZIE SCHEER Advertising Manager PATRICIA A. FLANAGAN, Yukon BAR CENTER STAFF [email protected] John Morris Williams, Executive Director; AMANDA GRANT, Spiro Gina L. Hendryx, General Counsel; Joe LACEY PLAUDIS Balkenbush, Ethics Counsel; Jim Calloway, Communications Specialist VIRGINIA D. HENSON, Norman Director of Management Assistance Program; [email protected] Craig D. Combs, Director of Administration; C. SCOTT JONES, Oklahoma City LAURA STONE Susan Damron, Director of Educational Communications Specialist SHANNON L. PRESCOTT, Okmulgee Programs; Beverly Petry Lewis, Administrator [email protected] MCLE Commission; Carol A. Manning, LESLIE TAYLOR, Ada Director of Communications; Robbin Watson, Director of Information Technology; Loraine Dillinder Farabow, Peter Haddock, Tracy Pierce Nester, Katherine Ogden, Steve Sullins, Assistant General Counsels OFFICERS &

Les Arnold, Julie A. Bays, Gary Berger, BOARD OF GOVERNORS Debbie Brink, Melody Claridge, Cheryl CHARLES W. CHESNUT, President, Miami; Corey, Ben Douglas, Dieadra Florence, Johnny Marie Floyd, Matt Gayle, Suzi LANE R. NEAL, Vice President, Oklahoma City; SUSAN B. SHIELDS, Hendrix, Debra Jenkins, Rhonda Langley, President-Elect, Oklahoma City; KIMBERLY HAYS, Immediate Past Jamie Lane, Durrel Lattimore, Renee President, Tulsa; MATTHEW C. BEESE, Muskogee; TIM E. DECLERCK, Montgomery, Whitney Mosby, Lacey Enid; MARK E. FIELDS, McAlester; BRIAN T. HERMANSON, Plaudis, Tracy Sanders, Mackenzie Scheer, Ponca City; JAMES R. HICKS, Tulsa; ANDREW E. HUTTER, Mark Schneidewent, Laura Stone, Margaret Norman; DAVID T. MCKENZIE, Oklahoma City; BRIAN K. MORTON, Travis, Krystal Willis, Laura Willis, Oklahoma City; JIMMY D. OLIVER, Stillwater; MILES T. PRINGLE, Jennifer Wynne & Roberta Yarbrough Oklahoma City; BRYON J. WILL, Yukon; D. KENYON WILLIAMS JR., Oklahoma Bar Association 405-416-7000 Tulsa; BRANDI NOWAKOWSKI, Shawnee, Chairperson, OBA Toll Free 800-522-8065 Young Lawyers Division FAX 405-416-7001 Continuing Legal Education 405-416-7029 The Oklahoma Bar Journal (ISSN 0030-1655) is published monthly, Ethics Counsel 405-416-7055 except June and July, by the Oklahoma Bar Association, 1901 N. Lincoln General Counsel 405-416-7007 Boulevard, Oklahoma City, Oklahoma 73105. Periodicals postage paid Lawyers Helping Lawyers 800-364-7886 at Oklahoma City, Okla. and at additional mailing offices. Mgmt. Assistance Program 405-416-7008 Mandatory CLE 405-416-7009 Subscriptions $60 per year that includes the Oklahoma Bar Journal Board of Bar Examiners 405-416-7075 Court Issue supplement delivered electronically semimonthly. Law Oklahoma Bar Foundation 405-416-7070 students registered with the OBA and senior members may subscribe for $30; all active members included in dues. Single copies: $3

Postmaster Send address changes to the Oklahoma Bar Association, www.okbar.org P.O. Box 53036, Oklahoma City, OK 73152-3036.

THE OKLAHOMA BAR JOURNAL JANUARY 2019 | 5 Meet Your Bar Association 2019 OBA President Chuck Chesnut By Lacey Plaudis

HARLES W. “CHUCK” CHESNUT WAS BORN AND RAISED in the small town Cof Miami, Oklahoma. “Miami was a great place to grow up. You’ve got a lot of great friends, and you never get into a lot of serious trouble, but there were always mischievous things you could get into.” Miami has a population of approximately 13,000 people and is home to Northeastern Oklahoma A&M Junior College.

Chuck’s father, a second- flounced out of the room. Except generation Oklahoma attorney, for 30 minutes of my uninter- attended Northeastern Oklahoma rupted crying, she had obtained A&M before attending school at her objective of peace and quiet George Washington University in the rest of Christmas day. Washington D.C. “That’s where he met my mother. My mother grew up SMALL TOWN GRAPE LEAVES in Washington D.C.” After Chuck’s Miami’s small-town feel created father graduated from law school a sheltered environment for Chuck the two got married and moved to and his friends to be kids and get Miami to set up a law practice. into a bit of trouble.

YOUNG CHUCK I remember when I was probably Chuck was the youngest of four 10 or 11 years old and this lady children, and the only boy. “My had some grapevine growing on sisters, Elizabeth, 10 years older, her fence. One of my friends and Susan, 4 years older and Linda, I went by and we cut off some of Chuck in 1964 two years older, thought I was a the grapevine, lit it and started brat, probably not without reason.” the drum all day long. Finally, smoking it. I got home 15 or 20 Chuck’s oldest sister, Elizabeth, around 4 o’clock that Christmas minutes later and my mother dealt with his brattiness in partic- afternoon, Elizabeth came to me said “so how did you like the ularly ingenuous ways. with a pair of scissors. “Chuck,” grapevine?” I said, “what” and At 14, Elizabeth enjoyed read- she said, “I don’t think you she replied “well you were smok- ing in an atmosphere of peace and understand. Your real present is ing grapevine, how did you like quiet. Being a rambunctious 4-year- inside the drum.” She handed it?” I said, “how would you know old, Chuck’s preferences differed me the scissors and of course I that?” She said, “the neighbor considerably from his eldest sister’s. cut open the drum to find the saw you cutting it and smoking real present. I looked at her it and she called me.” That’s what One year, Santa left me an awe- because obviously there was no happens when you grow up in a some drum. I loved the drum. I present inside the ruined drum. small town. Everybody just looks went around the house beating “Oh, I’m sorry” she said as she out for everybody else’s kids.

6 | JANUARY 2019 THE OKLAHOMA BAR JOURNAL CAREER ASPIRATIONS Although Chuck always knew he wanted to be an attorney, he once dreamed of different career aspirations. “When I was 4 or 5 I wanted to be a trash collector. I wanted to ride on the trash truck. I thought they had a great job.” Like most kids, Chuck did odd jobs in the summer. “My mother asked me if I would pull weeds out of a lady’s garden. She had a lot of flowers. I worked really hard for about one day, and she payed me about a dime an hour. Sixty cents if I remember right. I decided that gar- dening wasn’t one of those things I wanted to do permanently.” Though his trash collecting or weed pulling dreams didn’t come true, Chuck had an unusual job after high school working at Eastern State Hospital. “My first job out of high school was in a mental institution in Vinita.” Chuck was tall and thin at 6 feet 5 inches and 170 pounds, a prime candidate for working maxi- mum security at the hospital. “The patients were very interesting. You could talk to them about anything except religion and politics. Those conversations tended to stimulate them in a way that wasn’t so good.”

SCHOOL As a Miami High School Wardog, Chuck played basketball and participated in track and field. “I wouldn’t say that I ran track, but Chuck at Royal Gorge Bridge in 1971

THE OKLAHOMA BAR JOURNAL JANUARY 2019 | 7 Top: Chuck (standing, third from left) with his teammates after an OU basketball tournament

Left: Chuck and his parents at his new lawyer swearing-in ceremony in 1977

Above: Holding his kitten Micah in 1973

8 | JANUARY 2019 THE OKLAHOMA BAR JOURNAL I high jumped. I wasn’t a particu- “When I was young, I used to run larly gifted high jumper, but I did errands for my father. He would it. I really enjoyed playing basket- pay me a dime every time I’d file ball. That really was my sport.” pleadings with the court clerk.” Chuck’s mother, an educator, Chuck practices probate, real taught him to read at a young age estate and estate planning as well and guided him through school. as some business law. He also “School was never very hard for me. represents one of the local banks I don’t know that I was a wonder- in Miami. “I practice an equal mix ful student but I studied and made between real estate, probate and good grades.” Law school was a estate planning. I can’t say I prac- different story for Chuck. After high tice one more than the other.” school, he studied at OU graduating with a degree in business adminis- CHUCK AND Chuck in 1978 tration. He continued his studies at SHIRLEY CHESNUT the OU College of Law. “Law school On Valentine’s Day of 1984, I called her up the next day and was very difficult for me. I was try- Chuck married Shirley Murphy. asked her out. She said no.” ing to study and be prepared and The two met through a mutual Shirley had also grown up still working two jobs and being friend. Chuck was newly sin- around the practice of law. Both married. It was a stressful time. I gle when he ran into his family her father and her brother were was glad to be done.” practice physician who is also a attorneys. She joined them at close friend. “He said ‘there’s a the 1983 Annual Meeting held THE PRACTICE OF LAW doctor that’s doing a rotation at at Shangri La, a resort on Grand As a child, Chuck spent a lot of the hospital, I think you ought Lake. “She came walking across time around his father’s law practice. to ask her out.’” Blind dates were the room and introduced herself. “I loved the smells of the books. I not his forte, and he had never One thing led to another and we loved the smells of the courthouse.” had good luck with them before. started dating and we got married. When Chuck wasn’t at school, play- He suggested to his friend that I guess I have Annual Meeting to ing basketball or spending time with the two meet first. “I went to the thank for my marriage.” his friends, he helped his father emergency room one night, and I The two have four kids together and with small tasks at the office. met her. She was very beautiful. two, soon-to-be three, grandchildren.

Shirley and Chuck at their wedding in 1984 Chuck and Shirley vacation in Mexico in 1985

THE OKLAHOMA BAR JOURNAL JANUARY 2019 | 9 Top left: Chuck with his parents and son Matt in his office

Top right: Having fun with his children swimming circa 1995

Left: Chuck, Laura, Shirley, (on floor) Matt, Michael and Mark in 1997

My mother taught me to read when I was 5 years old. I have always loved biographies and still enjoy reading them to this day.” Currently, Chuck is most interested in books that make him ponder life’s questions. “Right now, I’m reading stoic philosophers.”

PLANS FOR THE OBA IN 2019 “We have Matthew, Mark, Michael usually gets a special invitation. As Chuck takes his place as the and Laura.” Matthew lives in “Wade the 2-year-old will say ‘come 2019 OBA president, one may won- Oklahoma City working for the sit by me’ and it just warms my heart. der what his plans are for the year. Chickasaw Nation. He and his There’s nothing like it.” “The OBA is a little bit like an air- wife have four foster dogs which craft carrier. It’s a huge boat that’s they have now adopted. Mark is a HOBBIES very difficult to make sudden general manager at a business in When Chuck isn’t working at turns with but there are always Springfield, Missouri and has two the office, attending bar events or issues that need to be addressed.” children and one on the way. “I spending time with his family you As Chuck recognizes, change get a kick out of being a grandpa. can find him on the greens. “I’ve comes slowly. He hopes to make It’s just fun. My only regret is taken up golf later in life. I’m not strides in CLE and making it a bet- that they are probably 100 miles particularly good at it, but I love ter value to members. “Continuing away.” Michael lives in Hawaii being out. I love the guys that I play legal education is something that and recently got married. Laura with. I have a short attention span. needs to be addressed. The OBA is a third-year law student at the I play nine holes and I’m done. It’s is the market leader right now. We University of Arkansas. just very pleasant.” Chuck especially need to explore how we can make When Chuck and Shirley do get likes to be on the course in the late it even better than it is.” 2019 is to spend time with their grand- evenings when the sun goes down sure to be a successful year under children, they enjoy sharing meals – it’s quiet and he can relax and Chuck’s capable leadership. together and watching them play. wash off the day. “It’s beautiful and “I enjoy just hanging out, watching relaxing. It’s a great stress reliever.” them play and seeing what inter- Chuck also enjoys reading. Ms. Plaudis is an OBA ests them.” At dinner time, Chuck “I love to read. I always have. communications specialist.

10 | JANUARY 2019 THE OKLAHOMA BAR JOURNAL PRESIDENTIAL TRIVIA

My favorite thing to give? What’s worth spending more on to get the best? Something that someone mentioned they wanted or liked My wife

Domestic chore I hate most? Best trait for a lawyer to have? Sorting through all the stuff on my desk at home or Honesty the office What’s your favorite piece of clothing you Best advice to a new lawyer? own/owned? Have integrity with your word. Do what you say you My Davy Crockett hat (when I was 4 years old) are going to do. Don’t lie to your clients. Don’t lie to other attorneys. Don’t lie to judges. Return your phone If you could turn any activity into an Olympic calls and keep track of your time daily. sport, what would you have a good chance at winning a medal for? What job would you be terrible at? Power napping Being an efficiency expert What TV channel doesn’t exist but really should? What are small things that make your day better? Etiquette and Social Graces (Seriously, in this day When people do thoughtful little things for me and time?)

What inspires you about the legal profession? What is the most heartwarming thing you’ve The way we help people solve difficult problems in their life ever seen? Watching my children being born and then holding them What’s the farthest you’ve ever been from home? Maui What is the most annoying question people ask you? Is it ready yet? Are you busy? Can I bother you a minute? What’s your dream car? One that runs reliably and doesn’t need repairs in the shop

2004 Chesnut family photo

THE OKLAHOMA BAR JOURNAL JANUARY 2019 | 11 Meet Your Bar Association Volunteers Who Guide Your Association OBA Officers and Board of Governors

SUSAN B. SHIELDS LANE R. NEAL President-Elect Vice President Oklahoma City Oklahoma City

Background: I grew up in Bartlesville and then went Background: I was born and raised in Lawton with to college and law school in California. After law my two sisters. After law school, I worked in the school, I worked for a large San Francisco firm for Oklahoma County District Attorney’s Office before several years before moving back to Oklahoma City moving into civil litigation. My wife, Laura, is also in 1991. I have two wonderful sons, Sam and Ethan, an attorney in Oklahoma City and practices criminal who are both in college. defense and personal injury. We have one son, Education: Stanford University (1986); UCLA School of William, and are expecting our second son in March. Law (1989) Education: BBA in entrepreneurship and venture man- Your favorite thing to give? Books agement from OU in 2004; J.D. from the OU College Domestic chore I hate the most? Pooper-scooping for of Law in 2008 the dogs (although I love the dogs) Your favorite thing to give? I really enjoy giving my time Best advice for a new lawyer? Be civil to other to serve organizations like the OBA lawyers, both inside and outside your firm Domestic chore I hate the most? Folding laundry What job would you be terrible at? Telemarketer Best advice for a new lawyer? Keep an open mind and What are small things that make your day better? go where your practice takes you Coffee and music What job would you be terrible at? A house painter What inspires you about the legal profession? The What are small things that make your day better? Hot, intelligent, creative and motivated young lawyers I freshly brewed coffee get to work with at my firm and the young leaders What inspires you about the legal profession? The involved in the OBA inspire me every day. kindness that is regularly shown between most What’s the farthest you’ve ever been from home? lawyers but often overlooked Gulu, Uganda, to volunteer at Sister Rosemary’s What’s the farthest you’ve ever been from home? Saint Monica’s School Santorini, Greece, or Krakow, Poland (I am not sure What’s your dream car? Vintage convertible Mercedes which is actually farther.) What’s worth spending more on to get the best? Wine What’s your dream car? I am not really a car guy, but if I Best trait for a lawyer to have? Ability to listen closely had to pick, probably a new Toyota Land Cruiser to the client’s needs What’s worth spending more on to get the best? Experiences like vacations and good meals with family and friends Best trait for a lawyer to have? Patience 12 | JANUARY 2019 KIMBERLY K. HAYS BRIAN T. HERMANSON Past President Governor - District No. One Tulsa Ponca City

Background: Born in Tulsa; graduated from Tulsa Background: Born in Milwaukee, Wisconsin; had a Memorial High School, class of 1986; attended private practice for 32 years before being elected dis- OSU and met my husband, Alan Souter, in trict attorney for the 8th District of Oklahoma in 2010. Eskimo Joe’s, and we married in 1993. We have Married to the former Ruslyn Evans, and the father two children Noelle, age 20, and Parker, age 16; of two daughters, Brianna, who is an illustrator in began practicing law in 1993 with my father, Northampton, Massachusetts, and Charlcy, who is a James R. Hays, in Tulsa and after his death in church music director and lives in Stillwater. 1994, I joined a firm for a short time and then Education: Went to high school at Green Bay East High opened my solo practice in Tulsa in 1998. My legal School, college at Carroll College in Waukesha, assistant/friend, Stephanie Pierce, has been with Wisconsin, and law school at the OU College of Law me since 1997. I practice exclusively family law. Your favorite thing to give? A punchline Education: B.A., OSU, 1990; J.D., University of Kansas Domestic chore I hate the most? Cleaning an oven School of Law, 1993 Best advice for a new lawyer? Be completely honest with Your favorite thing to give? A picture frame with a both the court and everyone else. Once you lose your photo from a special occasion reputation for honesty, you will never get it back. Domestic chore I hate the most? Loading the dish- What job would you be terrible at? Organizing my desk washer; Alan says I do it wrong, so this works out What are small things that make your day better? well for me. Even though I don’t get enough of it, quiet time Best advice for a new lawyer? Be yourself. The judge, really makes my day come together. opposing counsel and your clients will remember What inspires you about the legal profession? To right how you treat them. You can be a successful and a wrong that no one thought could be accomplished zealous advocate for your client while still main- What’s the farthest you’ve ever been from home? taining your own integrity and personality. Moscow. Went on a trip through the Soviet countries What job would you be terrible at? A butcher since I in 1974 by train; what a wonderful trip am vegetarian What’s your dream car? A pickup What are small things that make your day better? What’s worth spending more on to get the best? A text from my kids or Alan with a funny meme, Anything I buy for my wife or children playing with Chloe the puppy, finding a parking spot Best trait for a lawyer to have? See above – honesty at the courthouse that is near the front, going for a run with my friends and planning a Disney vacation What inspires you about the legal profession? I am inspired by the attorneys who volunteer their time to help low-income clients with legal needs. We can change people’s lives for the better by using the legal skills we are blessed to have earned. What’s the farthest you’ve ever been from home? Visit to London and Paris with my mom and brother What’s your dream car? Fully restored red 1967 Ford Mustang convertible What’s worth spending more on to get the best? Kenny Chesney tickets for the Sand Bar (standing room only and right next to the stage) Best trait for a lawyer to have? Organization

THE OKLAHOMA BAR JOURNAL JANUARY 2019 | 13 MARK E. FIELDS DAVID T. MCKENZIE Governor - District No. Two Governor - District No. Three McAlester Oklahoma City

Background: Born and raised in McAlester. During Background: I was born at Ft. Lewis, Washington, the my third year of law school, OBA Past President third and youngest child of M.Sgt. Troy T. McKenzie David Poarch taught one of my courses. He told me and Laverne (Johnston) McKenzie. My father served a firm in McAlester was looking for a new lawyer. our country for over 22 years and was a veteran of I returned home and have practiced at Steidley & WWII, the Korean War and Vietnam War. In addition Neal since 2001. to Ft. Lewis, I also lived at Ft. Huachuca, Arizona, Education: OU, B.A., 1997 and OU College of Law, and Ft. Shafter, Hawaii. After my father’s retirement J.D., 2001 from the U.S. Army, my family came to Oklahoma Your favorite thing to give? Unsolicited advice which was the home state for both my mom and dad. Domestic chore I hate the most? Scrubbing pots and pans I am proud to say I am a 1978 graduate of Granite Best advice for a new lawyer? Return your telephone calls High School. I have three wonderful boys and the What job would you be terrible at? Astronaut greatest life-partner ever in Pamela M. Snider. What are small things that make your day better? Education: B.A. from Southwestern Oklahoma State Green lights University (1982), M.S. from Northeastern State What inspires you about the legal profession? The University (1984), M.A. from NSU (1985) and J.D. incredible amount of pro bono work done for those from the OU College of Law (1988) less fortunate Your favorite thing to give? Music What’s the farthest you’ve ever been from home? Domestic chore I hate the most? Folding clothes Germany Best advice for a new lawyer? Be terrified of what What’s your dream car? Batmobile you do not know and try to learn at least one new What’s worth spending more on to get the best? thing a day Bed sheets What job would you be terrible at? Accounting Best trait for a lawyer to have? Integrity What are small things that make your day better? I work at Mulinix Goerke & Meyer, and I absolutely love everyone I work with. What inspires you about the legal profession? The power and ability to help people society has marginalized What’s the farthest you’ve ever been from home? Moscow, Russia What’s your dream car? Cadillac limousine for nights on the town with my family and friends What’s worth spending more on to get the best? First-class air travel and five-star hotels Best trait for a lawyer to have? Being head over heels in love with the law

14 | JANUARY 2019 THE OKLAHOMA BAR JOURNAL TIM E. DECLERCK ANDREW E. HUTTER Governor - District No. Four Governor - District No. Five Enid Norman

Background: Born in Enid. Admitted to the Oklahoma Background: I was born in Illinois and raised in Broken bar in 1983 and started practicing law at Mitchell Arrow. I moved to Norman to attend OU in 1998 and DeClerck in Enid with my father, Edward A. still reside there today. I met my wife Alissa in law DeClerck. I continue to practice at the same firm school, and we have three children together. today – a general practice with an emphasis on life Education: BBA, OU, 2001; J.D., OCU School of Law, 2005 and estate planning, the creation of wills, trusts and Your favorite thing to give? Christmas gifts durable powers of attorney and the administration Domestic chore I hate the most? That definitely would of trusts and estates. I was an active board member be doing dishes and emptying the dishwasher, of the OBA Young Lawyers Division in my younger which is unfortunate because I enjoy cooking years and now am a member of the OBA Estate Best advice for a new lawyer? Do not sacrifice your Planning, Probate and Trust Section and Oklahoma integrity or reputation for any client Association of Justice. I’m also a member of the What job would you be terrible at? School teacher Garfield County Bar Association and have served What are small things that make your day better? It as its president. I’ve been a long-time member of the is nice to receive a sincere thank you from a client Tri-State Music Festival Inc. Board of Directors, active every once in a while. Either that or a hug from member of the American Business Club (AMBUCS) one of my kids. serving on its Board of Directors and board member What inspires you about the legal profession? The of the Enid YMCA. I have three children, Ashley, ability to make a positive difference in someone’s life Justin and Esther, and numerous grandchildren. What’s the farthest you’ve ever been from home? Education: Received a B.A. from OU in 1980 and a J.D. Last summer I got to spend some time in Germany from the OU College of Law in 1983. traveling between Munich and Berlin. Your favorite thing to give? A sincere and happy smile What’s your dream car? I’m more of a truck guy, but a Domestic chore I hate the most? Folding laundry Porsche convertible would be fun. Best advice for a new lawyer? Know when to say no What’s worth spending more on to get the best? What job would you be terrible at? Mathematician Bed sheets What are small things that make your day better? Best trait for a lawyer to have? Perseverance Notes from clients who appreciate the work that I do What inspires you about the legal profession? The ability to assist people with areas of life that may be frustrating or fearful for them What’s the farthest you’ve ever been from home? Madrid, Spain What’s your dream car? Toyota TRD 4 Runner What’s worth spending more on to get the best? Food! Best trait for a lawyer to have? Patience, perseverance and compassion

THE OKLAHOMA BAR JOURNAL JANUARY 2019 | 15 D. KENYON WILLIAMS JR. MATTHEW C. BEESE Governor - District No. Six Governor - District No. Seven Tulsa Muskogee

Background: I was born in Tulsa but raised in what was Background: I was raised in Miami where, prior to then the town of Skiatook, graduating from Skiatook attending law school, I spent three years as a high High School in 1970. My wife of 44 years, Teresa, school teacher. In 1999, I moved to Illinois to attend law and I live in a home we built on a rural acreage school. Following law school, my law practice focused north of downtown Tulsa. We have one son and on family law where I was frequently appointed to rep- two daughters by birth and one daughter and one resent the interests of children in high-conflict custody sons by marriage, who collectively have produced matters. In 2009, I returned to Oklahoma and serve as eight grandchildren with the youngest arriving just the deputy city attorney for the City of Muskogee and after Christmas. On any given weekend, we are have been in that position since 2011. happily invaded by children and grandchildren Education: Associate of Arts from Northeastern and are blessed to attend Park Plaza Church of Oklahoma A&M, Bachelor of Science in education Christ with two sets of our children and grand- from Missouri Southern State College and a J.D. children. I serve as one of 14 elders of our church. from Northern Illinois University College of Law Education: B.S. in petroleum engineering, TU, 1974; Your favorite thing to give? My time; it is the most J.D., TU College of Law, 1977 valuable thing we have Your favorite thing to give? Money – it’s always Domestic chore I hate the most? cleaning the bathroom appreciated and easily returned if it is not! Best advice for a new lawyer? Get a life … no really, Domestic chore I hate the most? Ironing clothes – my work just as hard to develop your interests outside dry cleaner loves me of the law as they will make all the difference in the Best advice for a new lawyer? Always remember that long run. we are in the customer service business What job would you be terrible at? Accountant What job would you be terrible at? Selling women’s shoes What are small things that make your day better? What are small things that make your day better? My daughter’s smile Taking time to pray and gratuitous acts of kindness – What inspires you about the legal profession? Being both to others and to me able to make a difference What inspires you about the legal profession? What’s the farthest you’ve ever been from home? Getting paid to try to be someone’s hero 4,822 miles What’s the farthest you’ve ever been from home? I What’s your dream car? Jeep thought it was Salvador, Brazil, on a mission trip, What’s worth spending more on to get the best? but it turns out that my vacation in Porec, Croatia, Vacations was even farther away. Who knew? Best trait for a lawyer to have? Empathy What’s your dream car? A completely restored 1966 Corvette convertible with a modern sound system – almost any color will do What’s worth spending more on to get the best? A native and knowledgeable tourist guide when exploring a new country Best trait for a lawyer to have? Adaptability – the profession will continue to change at an even faster pace

16 | JANUARY 2019 THE OKLAHOMA BAR JOURNAL JIMMY D. OLIVER BRYON J. WILL Governor - District No. Eight Governor - District No. Nine Stillwater Yukon

Background: I was born at Camp Pendleton Military Background: Born and raised in Morrison. My father Base in California where my father was stationed. Eldon was a dairy farmer and my mother Nedra was My family moved to Stillwater when I was 8 years a homemaker. The farm my family lives on has been old. After I graduated from college, I moved to in my family since the 1893 Cherokee Strip Land Portland, Oregon, until deciding to return to Run. My wife and I and our children live in Yukon. Oklahoma to obtain my legal education. Education: OSU, B.S. in animal science; University of Education: I graduated from OSU with a journalism Central Oklahoma, MBA; OCU School of Law, J.D. degree in 2004 and received my law degree from Your favorite thing to give? Smoked hams at the OCU School of Law in 2010. Thanksgiving to friends and to those needing help Your favorite thing to give? My opinion with Thanksgiving meal (I’m not much for turkey.) Domestic chore I hate the most? Sweeping the floor Domestic chore I hate the most? Unloading the dishwasher Best advice for a new lawyer? Don’t take it so personally Best advice for a new lawyer? Get involved with the What job would you be terrible at? Opera singer OBA YLD What are small things that make your day better? What job would you be terrible at? A school teacher Getting a text about something cute one of my What are small things that make your day better? nieces or nephews has done Seeing my 4-year-old when I get home from work What inspires you about the legal profession? I am What inspires you about the legal profession? inspired by attorneys’ willingness to give and help Helping clients out of situations they thought they others. Last month, with not much effort, I was had no alternative solutions for able to raise enough money from Payne County What’s the farthest you’ve ever been from home? London attorneys to buy coats and toys for more than 25 What’s your dream car? 1977 Pontiac Trans Am, gold Angel Tree children. trim with personalized license plate “BAN ONE” What’s the farthest you’ve ever been from home? Italy What’s worth spending more on to get the best? What’s your dream car? Mercedes Benz G class Power tools What’s worth spending more on to get the best? Best trait for a lawyer to have? Honesty and integrity, Vacations and linens they both fit into one Best trait for a lawyer to have? Objectivity and the ability to recognize and address the flaws in your own client/case

THE OKLAHOMA BAR JOURNAL JANUARY 2019 | 17 JAMES R. HICKS MILES T. PRINGLE Governor - At Large Governor - At Large Tulsa Oklahoma City

Background: Born in Blackwell, moved to Norman Background: I am a native Oklahoman and third gen- in grade school and raised in Denton, Texas, for eration attorney. I played basketball and ran track middle and high school years. Married 35 years to in high school and continue to be a big basketball Nancy Baker with adopted twin children, Stan and fan – particularly the Thunder. I moved back to Hannah aged 26. Both married and doing well in Oklahoma City after law school to practice with the life. Expecting first grandchild in May 2019. Enjoy firm my parents founded in 1988. Now a partner, golfing and serving as senior warden of St. John’s the majority of my clients are financial institutions Episcopal Church in Tulsa. whom I counsel on regulatory compliance issues, Education: Graduate of OU in 1982 and TU College of mergers and acquisitions, and vendor contracting. Law in 1985 I also represent clients in litigation matters, stra- Your favorite thing to give? Books or articles on topics tegic business planning and succession and estate others find interesting planning. Last spring I married the love of my life, Domestic chore I hate the most? Raking leaves Andrea. We’ve known each other since pre-school Best advice for a new lawyer? Don’t be afraid to ask and even played on the same T-ball team. advice from others Education: I graduated from Heritage Hall High What job would you be terrible at? Teaching grade school School in Oklahoma City. I earned my bachelor’s What are small things that make your day better? degree from the University of Kansas, double Talking with friends or colleagues majoring in political science and history. I earned What inspires you about the legal profession? my J.D. from the University of Missouri – Kansas Making a positive difference in peoples’ lives City, where I was an emissary and member of the What’s the farthest you’ve ever been from home? National Moot Court Team. Italy and Ireland Your favorite thing to give? A good book (this year What’s your dream car? Bentley Continental GT convertible I’ve been giving Boom Town to people) What’s worth spending more on to get the best? Domestic chore I hate the most? Cleaning dirty dog paws Comfortable shoes Best advice for a new lawyer? Always be willing to Best trait for a lawyer to have? Humility say “I don’t know” What job would you be terrible at? Structural engineer What are small things that make your day better? Short mediation, good cup of coffee and a sincere compliment What inspires you about the legal profession? Helping clients accomplish their goals What’s the farthest you’ve ever been from home? Italy What’s your dream car? Doc Brown’s DeLorean What’s worth spending more on to get the best? Tickets to basketball games Best trait for a lawyer to have? Integrity

18 | JANUARY 2019 THE OKLAHOMA BAR JOURNAL BRIAN K. MORTON BRANDI N. NOWAKOWSKI Governor - At Large Governor - YLD Chair Oklahoma City Shawnee

Background: Was born and raised in Ada. Joined the Background: I was born and raised in Shawnee, where Coast Guard out of high school and spent tours in I returned after law school to enter into private practice. Ketchikan, Mobile and Anchorage, Alaska. Graduated Education: BBA from OU in 2006; J.D. OU College of from UCO then from the OU College of Law. Worked Law 2010 as an assistant district attorney in Sequoyah County, Your favorite thing to give? I most enjoy giving of my then went into private practice. Took some time time and energy to worthwhile causes in my com- away from law and taught high school social studies munity, specifically those that serve families and courses. Moved to the Oklahoma City area in 2008 children. I also love serving those organizations, such and resumed a career in law. as our own bar association, which are dear to my heart. Education: B.S., University of Central Oklahoma, 1997; Domestic chore I hate the most? I hate handwashing J.D., OU College of Law, 2000 dishes; I’d rather clean the bathrooms. Your favorite thing to give? Time Best advice for a new lawyer? Be humble and make Domestic chore I hate the most? Cleaning the gutters friends with legal assistants and court clerks. We all Best advice for a new lawyer? Learn from mistakes; know that law school doesn’t teach us how to actually preferably not your own practice. These ladies and gentlemen can offer a What job would you be terrible at? Assembly line wealth of information and experience to help guide worker - the thought of doing the same task over you through preparing pleadings, filing documents and over I find unappealing and the court process. Don’t take them for granted. What are small things that make your day better? Coffee What job would you be terrible at? Telemarketer What inspires you about the legal profession? The What are small things that make your day better? opportunity it presents to help people Iced coffee, chats with co-workers, texts from family What’s the farthest you’ve ever been from home? and friends, lunches with friends and neon sticky notes Kotzebue, Alaska What inspires you about the legal profession? The What’s your dream car? Ferrari 308 desire and ability to help people – whether that be What’s worth spending more on to get the best? clients or the community at large. Also, the fact that Running shoes lawyers have the ability to zealously advocate for Best trait for a lawyer to have? The ability to pick apart their clients while maintaining civility, profession- your own arguments to find any flaws or weaknesses alism and even friendships with opposing counsel. This is possible because as a profession we maintain a mutual respect for each other and the law – and recognize that we all are working together for the greater good and to secure justice for all. What’s the farthest you’ve ever been from home? The summer before my 9th-grade year, I traveled to Nikaho, Japan, as part of Shawnee’s Sister City delegation. What’s worth spending more on to get the best? Wrinkle cream Best trait for a lawyer to have? Integrity. Integrity is an essential part of the practice of law and is integral to both our success on behalf of clients and our personal and professional reputation (which is the cornerstone of our careers).

THE OKLAHOMA BAR JOURNAL JANUARY 2019 | 19 Meet Your Bar Association Association Staff and Services

ERVING MEMBERS IS THE MOST IMPORTANT PRIORITY of the Oklahoma Bar SAssociation, and staff are responsible for ensuring member services are expertly deliv- ered. Staff not only maintain daily business operations of the bar center, but also support leadership’s projects and initiatives to continue to improve your association.

(1) The expenditures of the Association shall be in accordance with the provisions of the Rules Creating and Controlling the Oklahoma Bar Association as promulgated by the Oklahoma Supreme Court. (2) The Executive Director shall maintain at all times a fidelity bond executed by a surety company as surety, the amount thereof and the surety to be approved by the Board of Governors. (c) He shall supervise the office of the Association and its personnel and shall see that the work of the Association is properly performed. He or she shall also perform such other duties as the House of Delegates, the Board of Governors or the President of the Association may direct.

Rules Creating and Controlling the OBA, Article VI, Executive Director John Morris Williams and Executive Section 4: Assistant Debbie Brink The Executive Director shall perform such duties and services as may be required by these Rules or OFFICE OF THE EXECUTIVE DIRECTOR the Bylaws and as may be directed by the Board Phone: 405-416-7014 of Governors or the President of the Association. He shall also keep a complete and accurate list of OBA Bylaws, Article IV, Section 4: the members of the Association; notify delinquent (a) The Executive Director shall keep the roster members and certify the names of delinquent of the members of the Association and of the members to the Supreme Court as required by House of Delegates entitled to vote therein. He these Rules; certify to the Supreme Court records or she shall record and be the custodian of the and other matters as provided by these rules. minutes, journal and records of the Association and of the House of Delegates and of the Board of Governors. (b) The Executive Director shall act as Treasurer, and be the custodian of the funds of the Association. No funds shall be withdrawn except in the man- ner approved by the Board of Governors.

20 | JANUARY 2019 THE OKLAHOMA BAR JOURNAL (Back row) Director Craig Combs, Durrel Lattimore; (front row) Roberta Yarbrough, Debra Jenkins, Tracy Sanders and (Seated) Director Carol Manning, Mackenzie Scheer; Suzi Hendrix (standing) Lacey Plaudis and Laura Stone

ADMINISTRATION AND COMMUNICATIONS DEPARTMENT MEMBERSHIP DEPARTMENTS The Communications Department has responsibility for Administration Department Phone: 405-416-7000 member communications and public relations, including: Membership Department Phone: 405-416-7080 „„ Publishing the Oklahoma Bar Journal, including Membership Department Email: [email protected] working with the Board of Editors, editing and proofreading articles approved for publishing, The responsibilities of the Administration and managing all advertisements with design sup- Membership departments are multifaceted, including: port for sections and committees, as well as copy- „„ Maintaining and updating the member roster writing and editing information for news stories „„ Invoicing for senior and nonmember Oklahoma and the FYI and Bench & Bar Briefs sections Bar Journal subscriptions „„ Managing and monitoring social media „„ Processing requests for certificates of good standing „„ Issuing news releases and expediting informa- „„ Assisting committees and sections with tion requests from the news media member communications „„ Contributing design work, photos, videos, „„ Maintaining reports for all committees and sections stories and information for www.okbar.org „„ Scheduling meetings, both at the bar center and „„ Designing and compiling the Annual Meeting via video or phone conference program and House of Delegates book, as well „„ Planning and coordinating of the Annual Meeting as providing marketing and design support for „„ Managing the Legal Intern Program the website and all marketing materials „„ Finances and human resources „„ Publishing the semimonthly eNews member „„ Maintaining bar center facilities newsletters, as well as special email messaging for projects and events „„ Working with sections to publish short law articles related to the section’s focus „„ Working with the Law Day Committee to con- duct statewide contests for Oklahoma students,

THE OKLAHOMA BAR JOURNAL JANUARY 2019 | 21 support county Law Day chairpersons, coordi- „„ Producing MYOBACLE print and digital catalog nate and promote the statewide Ask A Lawyer of programs day of free legal advice, produce the Ask A „„ Providing online CLE registration and access to Lawyer TV program with OETA (Oklahoma’s materials through MyOKBar, and timely application PBS affiliate) and implement marketing strate- of attendance MCLE credit for OBA/CLE programs gies to ensure the public can take full advantage of the Law Day activities and resources OFFICE OF THE ETHICS COUNSEL „„ Assisting the Communications Committee in its Phone: 405-416-7055 projects, including the publication of 15 legal- Email: [email protected] topic brochures distributed free as a community service to individuals, libraries and nonprofits The Office of the Ethics „„ Assisting additional committees, including Counsel was created Awards, Disaster Response and Relief, Diversity, to assist members with Lawyers Helping Lawyers Assistance Program conflict dilemmas, confi- and Law-Related Education, and the Young dentiality questions, com- Lawyers Division munication concerns and other ethical inquiries unique to the profession. Through the Office of the Ethics Counsel, mem- bers can obtain informal guidance and advisory interpretations of the Ethics Council Joe Balkenbush Rules of Professional Conduct. The Office of the Ethics Counsel is autono- mous from and independent of the Office of the General Counsel. Members seeking assistance with ethical ques- tions are afforded an attorney-client relationship with the full expectation of confidentiality. Responsibilities include: „„ Answering ethics questions from members Jennifer Wynne, Renee Montgomery, Director Susan Damron, „ Mark Schneidewent and Gary Berger „ Researching and writing ethics materials for the website, seminars and the Oklahoma Bar Journal, CONTINUING LEGAL EDUCATION DEPARTMENT as well as presenting OBA/CLE programs on Phone: 405-416-7029 the topics of ethics and professionalism Email: [email protected] „„ Acting as a liaison to the Bench and Bar, Professionalism and Lawyers Helping Lawyers The CLE Department is the state’s leading continuing Assistance Program committees and the Legal legal education provider. The staff works to provide rele- Ethics Advisory Panel vant programs to meet members’ needs. To suggest pro- „„ Monitoring the Diversion Program and teaching grams, contact Director of Educational Programs Susan related classes Damron at 405-416-7028. Department services include: „„ Developing and producing in-person seminars OFFICE OF THE GENERAL COUNSEL and live webcasts as well as online, on-demand Phone: 405-416-7007 programs and audio seminars „„ Offering recent seminar materials in print or The Office of the General Counsel is charged with the electronic format and creating electronic forms responsibility of: published in 2012 in various practice areas „„ Reviewing and investigating allegations of „„ Developing and producing CLE at the Annual lawyer misconduct or incapacity Meeting and Solo & Small Firm Conference „„ Reviewing and investigating allegations of the „„ Assisting the Women in Law, Diversity and unauthorized practice of law Professionalism committees with conferences, „„ Prosecuting violations of the Oklahoma Rules of as well as coordinating with sections in the Professional Conduct planning of section co-sponsored seminars „„ Administering the Clients’ Security Fund „„ Planning and coordinating the OBA Leadership Academy „„ Reviewing and investigating petitions for reinstatement

22 | JANUARY 2019 THE OKLAHOMA BAR JOURNAL Attorneys (seated) Katherine Ogden, General Counsel Gina Hendryx, Loraine Dillinder Farabow; (back row) Peter Haddock, Steve Sullins and Tracy Pierce Nester Cheryl Corey, Matt Gayle and Director Robbin Watson INFORMATION TECHNOLOGY DEPARTMENT Phone: 405-416-7045 Email: [email protected]

The Information Technology Department’s functions are mostly of an internal nature; however, services directly benefiting members include: „„ Maintaining MyOKBar member services and directory website „„ Maintaining the Oklahoma Find A Lawyer Support Staff Whitney Mosby, Ben Douglas, Dieadra Florence and Melody Claridge website referral service „„ Providing technology, computer and audio/ visual support to staff and for events, including CLE programming, Annual Meeting and Solo & Small Firm Conference „„ Web application development and maintenance „„ Updating and maintaining website information „„ Maintaining the association management system and database „„ Network security and management of internal and externally accessible servers „„ Monitoring of evolving technologies for both member services and staff departments

MANAGEMENT ASSISTANCE PROGRAM Phone: 405-416-7008 Investigators (seated) Rhonda Langley, Bill Thames; (back row) Toll-free: 800-522-8065 Jamie Lane, Les Arnold and Krystal Willis

In addition to these enumerated duties, the Office of The Management Assistance Program helps mem- the General Counsel: bers with the business side of practice. Department „„ Serves as liaison to the Board of Governors duties include: advising the governing group on legal matters „„ Providing free over-the-phone information „„ Processes and approves the registration for about management and technology issues, free attorneys from other jurisdictions 45-minute consultations at the bar center for „„ Administers the trust account overdraft those setting up a new practice or who have an notification program issue not comfortably handled over the tele- „„ Processes requests for certificates of good standing phone and onsite law office “Health Checks”

THE OKLAHOMA BAR JOURNAL JANUARY 2019 | 23 Julie Bays and Director Jim Calloway Administrator Beverly Petry Lewis, Laura Brown and „„ Maintaining the lending library, making law Johnny Floyd practice management and technology books MANDATORY CONTINUING LEGAL available to borrow EDUCATION DEPARTMENT „„ Updating the Practice Management Advice Phone: 405-416-7009 MyOKBar Community with law practice Email: [email protected] management and technology posts „„ Writing Jim Calloway’s Law Practice Tips Blog Mandatory Continuing Legal Education, a program at www.lawpracticetipsblog.com and “Law adopted by the Oklahoma Supreme Court in 1986, Practice Tips” Oklahoma Bar Journal column establishes minimum requirements for continuing featuring regular tips and advice legal education for Oklahoma lawyers. The program „„ Presenting OBA/CLE and assisting with is administered by the Mandatory Continuing Legal Diversion Program presentations, and making Education Commission that has general supervisory presentations to local bars or other organized authority over the rules and may adopt regulations lawyer groups consistent with the rules. „„ Producing the “Opening Your Law Practice” Often confused with the CLE Department, the program, a free one-day program to assist MCLE Department does not present CLE seminars. It attorneys setting up new solo practices is the regulatory office and services include: „„ Working with the Solo & Small Conference Firm „„ Reviewing more than 10,000 seminars for Planning and Access to Justice committees and accreditation the Law Office Management and Technology „„ Maintaining a record of the Oklahoma- Section on various projects and events approved seminars attended by members „„ Processing annual reports of compliance „„ Responding to requests for clarification of the Rules of the Oklahoma Supreme Court for Mandatory Continuing Legal Education

Don’t know whom to contact? If you need more information about which employee in a department to contact, call the bar center at 405-416-7000 or check the staff list at www.okbar.org/staff. There you will find a list of staff members, a summary of their responsibilities and contact information.

24 | JANUARY 2019 THE OKLAHOMA BAR JOURNAL

Meet Your Bar Association Member Benefits and Discounted Services

VERY OBA MEMBER HAS ACCESS TO A VARIETY of free or discounted services Eand programs. Benefits range from in-house services like publications and support, to top-ranking technology services like Fastcase and LawPay. There are even discounts from leading hotels and travel companies. Don’t miss out – take advantage of all the great partnerships available to you as an OBA member!

ONLINE SERVICES www.okmcle.org – On the MCLE PROFESSIONALISM SERVICES www.okbar.org – The OBA pro- Department website, www.okmcle. OBA CLE – vides the latest bar news, updates org (also available through the The CLE on special projects, information link on your MyOKBar main page), Department offers hundreds of on upcoming CLE and more. You members can check MCLE require- in-person seminars, webcasts and can also find a list of staff and ments, get program approval audio programs, as well as online, department contact information applications and other forms, as on-demand programs available at www.okbar.org/staff. well as get answers to frequently 24 hours a day. Members can also asked questions. Members can also schedule group webcasts that MyOKBar – Members can update view their transcript of CLE credits allow five or more members to roster information, pay dues, access and review a list of all upcoming view a webcast together at their the member directory and much approved programs. If you have home or office. To schedule a group more on MyOKBar. Plus, links to free not already, you will need to create webcast, call Renee Montgomery benefits like HeinOnline, single-login an account on this website. at 405-416-7029. See all available access for Fastcase and quick links programs at www.okbar.org/cle. to committees, sections and other Oklahoma Find A Lawyer – The important membership needs are public can find lawyers by practice Ethics counsel – The ethics coun- available on your front page. To log and geographical area through the sel is available to assist members in, click the MyOKBar Login link at OBA-maintained website www. with ethical questions and inqui- the top of www.okbar.org. oklahomafindalawyer.com. The ries on subjects such as conflicts, website is going through a massive confidentiality and client concerns. MyOKBar Communities – update to make it easier for the pub- All contact with ethics counsel is MyOKBar Communities is the lic to find the right attorney. To be confidential per Oklahoma law. message board and file-sharing included in the free public directory, The ethics counsel also presents service allowing members to click the pen icon next to “Edit My CLE programs on ethics and pro- communicate and network online. Information” under your profile fessionalism. Call 405-416-7055 or It also serves as the main commu- photo on your MyOKBar account, email [email protected]. Find ethics nication tool for committees and then scroll down to edit your con- tips and more information online sections. MyOKBar Communities tact and practice area preferences. at www.okbar.org/ec. automatically links with your MyOKBar account, so your infor- Counseling services – The mation is synced. Access MyOKBar OBA offers all bar members up Communities through your main to six hours of free counseling. MyOKBar account page. Need help with stress, burnout,

26 | JANUARY 2019 THE OKLAHOMA BAR JOURNAL depression or addiction? Call of office management issues like is a $5 charge to mail the materials. the Lawyers Helping Lawyers technology, procedures or other See the complete list of materials Assistance Program toll-free at areas, and typically involve group at www.okbar.org/map/library or 800-364-7886. It’s strictly confiden- and individual interviews with call 405-416-7051. For members who tial and available 24 hours a day. staff and lawyers with the goal of prefer owning books to borrowing, Plus, members can take advantage outlining a series of recommen- use the discount code PAB9EOKB to of free monthly lawyer discus- dations and setting priorities. The purchase practice management and sion groups in Oklahoma City. fee is $500 per day for firms of five other books from the ABA. See program or less lawyers, or $750 per day for NETWORKING OPPORTUNITIES details and firms of more than five lawyers. Leadership and volunteering group discus- Call 405-416-7008 to schedule. opportunities – Boards, commit- sion topics at Opening Your Law Practice tees, sections and commissions www.okbar. program – A free one-day seminar offer leadership, volunteer, career org/LHL. held twice a year to assist attorneys development and statewide net- OBA sections – Twenty-eight sub- setting up new solo practices. Next working opportunities. Members stantive law sections are available one set for April 30 in Oklahoma may volunteer to serve on a com- and each offers tailored profes- City. Call 405-416-7008 for details. mittee online at any time during the sional development and network- year either through the front page Practice management/technology ing. Learn from colleagues in your of your MyOKBar account or on the hotline and consultations – practice area and develop new con- committees page at www.okbar.org/ Members may call 405-416-7008 tacts. Benefits vary by section, with committees. You can also find a to connected with OBA staff who many offering free or discounted list of projects on the Outreach & can provide brief answers about CLE to section members. Find a list Public Service Programs page at practical management and tech- of sections, their annual dues and www.okbar.org/outreach. nology issues, such as law office a membership registration form software, understanding com- Annual Meeting – Attend CLE in this issue on page 39 or at puter jargon, staff and person- programs and participate in section www.okbar.org/sections. nel problems, software training and committee meetings, plus take Speakers for county bar associ- opportunities, time management advantage of networking oppor- ations and civic groups – OBA offi- and trust account management. tunities with attorneys and judges cers, Board of Governors members Free 45-minute consultations at from across the state at the OBA and staff are available to speak at the bar center are also available Annual Meeting. You can also have luncheons and banquets on a variety for those setting up a new practice a voice in bar business and electing of topics including legislative issues, or who have an issue not comfort- future state bar leaders. The 2019 ethics, law office management and ably handled over the telephone. Annual Meeting will be held law practice tips. Call 405-416-7000 Nov. 6-8 at the Renaissance Oklahoma Lending library and discount or 800-522-8065 to schedule. City Convention Center Hotel. book purchasing – Law practice Office “health check” consulta- management books and videos are Solo & Small Firm Conference – tions – Consultations in the law- available to borrow. There is no fee The Solo & Small Firm Conference yer’s office can cover a wide range for checking out materials, but there provides CLE programs, statewide

THE OKLAHOMA BAR JOURNAL JANUARY 2019 | 27 networking and small firm- accounting menu handles all the anywhere, on any device, with friendly vendors, all in a relaxed intricacies of business and IOLTA the iPhone, iPad and Android family setting. The 2019 Solo & trust accounting right out of the box. apps. Integrate with Gmail, Small Firm Conference will be Use CosmoLex to make your practice Outlook, Office365, Exchange, June 20-22 at the River Spirit more compliant, efficient and prof- Google Calendar, QuickBooks Casino Resort in Tulsa. itable. Try CosmoLex Law Practice Online, LawPay, Box.com, Management Software for free today Dropbox, Zapier, our API and Young Lawyers Division – The and see how it streamlines your more. Get world-class support YLD is a professional service practice. OBA members receive a by phone, email or live chat. network offering opportunities 10 percent lifetime discount. Visit It’s simple, user-friendly and to participate in community and www.cosmolex.com and use the intuitive. OBA members get 10 bar-related projects. Lawyers of promo code OB_10D63. percent off for the first year on any age who have been in practice PracticePanther’s legal case man- less than 10 years are automati- LawPay – agement software. Visit tinyurl. cally members. Visit the YLD page The OBA com/obapracticepanther and use for more information or find the endorses the promo code OKBAR18. YLD on Facebook at www.facebook. LawPay credit card processing ser- com/OBAYLD. vice which is designed for attorneys. Rocket Matter – Funds from each client credit card Rocket Matter PRACTICE MANAGEMENT & transaction may be either depos- helps law firms BILLING SOLUTIONS ited into a client trust or operating offer better Clio – Clio is account as the lawyer designates. client service one of the most All transaction fees are deducted and increase revenues by more widely used, from the law firm operating account than 20 percent. The company cloud-based practice management to simplify the trust account was the first cloud-based legal systems in the world. Every day, record-keeping. Credit cards attract practice management software on tens of thousands of lawyers use clients, win business, improve the market, landing its first client Clio to schedule meetings, orga- cash flow and reduce collections. in 2007. It has been a leader ever nize cases, track time and invoice To learn more call 866-376-0950 or since – Rocket Matter has power- their clients. Accessible from your visit www.lawpay.com/oba. ful, easy-to-use time and billing Mac or PC, phone or tablet, Clio software. Also, when law firms allows lawyers to take control of MyCase – want to increase profits, go paper- their practice from any device, in MyCase less or improve confidence in their any location, at any time. Clio even is an easy- trust accounting, Rocket Matter integrates seamlessly with other to-use web-based practice man- helps them achieve those goals. popular applications like Fastcase, agement software that helps you With award-winning customer LawPay, Quickbooks Online, manage cases, track time, automate service based in the United States, Gmail and Office 365. OBA mem- billing and communicate with your it’s no wonder thousands of law bers receive a 10 percent lifetime clients. MyCase can help you prac- firms swear by Rocket Matter. discount on Clio. Go to www. tice more and manage less and is OBA members receive a 15 percent clio.com and join with the code priced at only $39/month per user. discount off the regular month-to- OKBAR for the discount. OBA members receive a free trial month pricing for life. Visit www. plus a 10 percent lifetime discount. CosmoLex – rocketmatter.com/okbar. Go to tinyurl.com/obamycase to CosmoLex take advantage of the discount. TrustBooks – combines practice management, Trustbooks is billing and accounting all in one PracticePanther – a cloud-based service that makes login. Cloud access lets you get work PracticePanther trust accounting simple and is done in the office or on the road. provides a sev- specifically designed for attor- CosmoLex keeps your meetings and en-day free trial neys. With TrustBooks, common tasks organized. The billing section or an unlimited free trial for your mistakes – like those made when captures all time and expenses first 3 clients/cases. Thousands filling out checks and deposit slips in the moment – as soon as they of lawyers use PracticePanther or reconciling bank statements – occur. Bills go out on time for better to automate their firms and get are caught and the important cash flow and higher profits. The more done in less time. Work from trust account ledgers of all client

28 | JANUARY 2019 THE OKLAHOMA BAR JOURNAL balances are automatically gener- HeinOnline – Title Examination Standards – ated. Sign up at www.trustbooks. HeinOnline Produced by the Real Property com and use the discount code access to Law Section, this publication OBAannual to get the OBA archived Oklahoma Bar Journal contains all the presently effec- member annual price of only $299, issues is free to OBA members and tive Oklahoma Title Examination more than a 30 percent discount allows users to research archived Standards and reflects all revisions. off monthly pricing. issues dating back to 1930. You Free to Real Property Section can view, print or save as a PDF members, or only $9 per copy Zola Suite – any article or an entire issue, as to nonmembers. Zola Suite well as use the easy search tools cloud-based practice management ENDORSED INSURANCE AND to find the article, topic or author software includes an encrypted cli- RETIREMENT SERVICES you need. Access it by clicking the ent portal, Caseway, branded with ABA Retirement Funds – The red HeinOnline link on your main your firm’s logo. OBA members ABA Retirement Funds Program MyOKBar page. receive a 15 percent subscription offers no out-of-pocket expenses, discount on this comprehensive, Legal information brochures – professional fiduciary services, a cloud-based legal practice manage- Pamphlets to give clients covering broad range of investment options ment application. Visit zolasuite. commonly asked questions relat- and full-service administration com/oklahoma-bar-association and ing to 15 legal topics are available and has been providing afford- use the promo code OKBAR18 to to members at just $4 per bundle able 401(k) plans exclusively to the take advantage of the discount. of 25. Brochure topics are: wills, legal community for more than probate, joint tenancy, home buy- 50 years. The program’s bundled PUBLICATIONS ing, tenant rights and duties, land- approach allows firms to stay OBA eNews – The semimonthly lord rights, divorce, small claims focused on the success of the prac- member e-newsletter, sent to mem- court, employee rights, bank- tice, and provides trustee, record bers with an email address as part ruptcy, trial juror information, keeping, tax reporting, compliance of their official roster information lawyers and legal fees, advanced testing, investment management provides the latest association news directive, criminal law and resolv- and participant communication and law-related information. ing conflicts and disputes. An services – all from a single source – Oklahoma Bar Journal – Ten issues online order form is available at at no additional cost to the firm. of the printed Oklahoma Bar Journal www.okbar.org/freelegalinfo. Call 866-812-3580 for a free consul- magazine are published annually, tation or visit www.abaretirement. Oklahoma Legal Directory – This including practice area articles, com for more information. official directory of OBA members member news and bar updates. provides addresses and phone num- 3000 Insurance Group programs – Supplementing the magazine are bers, alphabetically and by county, Keep rates low through group buy- semimonthly electronic issues of includes guide to county, state and ing power. For information about the Oklahoma Bar Journal Court federal offices plus departments of OBA programs as well as stan- Issue, which contain court material the U.S. and Oklahoma government, dard market plans for life, health and opinions. Access current and complete digest of courts, profes- (employer-group, individual and recent archived issues at www. sional associations including OBA Medicare supplement), individual okbar.org/barjournal. Additional officers, committees and sections. disability, personal umbrella liabil- archived issues are available through It is published by Legal Directories ity, long-term care and other insur- HeinOnline (see information below). Publishing Co. in both print and ance plans, contact 3000 Insurance Continuing legal education electronic versions. Call 800-447-5375 Group (previously known as materials – Seminar materials ext. 2 to request Beale Professional Services) at are available for purchase and are an order form 405-521-1600 or 800-530-4863, or an affordable way to get quality, or purchase at visit www.3000iG.com. state-specific practice aids on www.legaldi- OAMIC programs – For pro- a variety of legal topics. Call rectories.com. fessional liability, Oklahoma 405-416-7092 or visit www.okbar. For the digital Attorneys Mutual Insurance Co. org/cle to learn more. Electronic version, visit is the only insurer owned by OBA practice forms are also available tinyurl.com/ members. OAMIC can be reached by topic online. 2018oklegal at 405-471-5380 or 800-318-7505 or directory.

THE OKLAHOMA BAR JOURNAL JANUARY 2019 | 29 visit www. „„ Up to 40 percent on UPS both in the Oklahoma Bar Journal oamic.com. Air letters including UPS and online at www.okbar.org/ They also Next Day Air* legislative. offer a broad „„ Up to 30 percent on UPS Meeting rooms – The Oklahoma range of Air packages (1 lb.+)* Bar Center has several room sizes court bonds „„ Up to 32 percent on UPS to accommodate small and large with more information at www. International imports group meetings, client conferences oklahoma.onlinecourtbonds.com. and exports and depositions. Free to members „„ Up to 16 percent on UPS TRAVEL AND OFFICE SERVICES during weekday business hours, Ground shipments Hertz Car Rental – Members nominal fee for evenings. To receive discounted Hertz car schedule, call 405-416-7000. Savings begin at 70 percent rental with the code CDP 0164851. on UPS Freight shipments over WordPerfect – Members can pur- Call 800-654-3131 or visit www. 150 pounds chase the latest WordPerfect Office hertz.com for reservations. Discounts for new and existing suite for legal professionals at a Ruby UPS account holders. Plus, savings reduced price. Visti tinyurl.com/ Receptionists – increase with use. To enroll, visit obawordperfect for pricing. Ruby Receptionists savewithups.com/oba. WordRake – Developed for law- provides a *Discounts exclude UPS Express yers, WordRake provides editing team of cus- Critical and UPS Next Day Air suggestions for clarity and brevity, tomer experi- Early A.M. and instantly edits documents in ence experts in Portland, Oregon. Microsoft Word with the easy-to- Friendly, professional live recep- TECHNOLOGY AND install add-in, suggesting changes tionists create great impressions OTHER SERVICES that eliminate unnecessary words with your English and Spanish- Fastcase – and phrases. A free seven-day trial speaking callers and help set your The OBA has is available, and annual licensing firm apart by answering with your contracted plans offer increased savings based custom greeting, transferring calls, with Fastcase on subscription duration. See more taking messages, collecting intake, online legal research software to at www. making follow-up calls and more. provide national coverage with wordrake. The mobile app allows users to unlimited usage, customer ser- com; mem- manage service from anywhere, and vice and printing at no cost to bar bers receive Ruby integrates seamlessly with law members as a part of their existing a 10 percent practice management tools such as bar membership. Plus, Fastcase discount with Clio and Rocket Matter. Call 866- MobileSync allows members to coupon code 611-7829, email [email protected] link their account to a smartphone OKBAR. or visit www.callruby.com/okbar. or tablet and automatically sync Members receive special pricing activity history and saved favor- on monthly plans and a 21-day ites on any of the Fastcase appli- money-back guarantee. cations, so no work is ever lost. To use Fastcase, go to www.okbar.org UPS – OBA and click the link to sign into your members MyOKBar account. can use the UPS Savings Legislative services – The exec- Program and utive director works to support take advantage adoption of legislative issues of some of the approved by the OBA House most competi- of Delegates. Additionally, the tive rates available on shipping ser- Legislative Monitoring Committee vices with UPS. UPS understands publishes a legislative report on the importance of reliability, speed the status of select bills while and cost. Discounts include: the Legislature is in session,

30 | JANUARY 2019 THE OKLAHOMA BAR JOURNAL Meet Your Bar Association

Stay in Touch! Stay connected with your association and your peers by joining the OBA on Facebook, Twitter and Instagram! Get information on issues that affect you and the profession of law, see substantive articles from the Oklahoma Bar Journal and other law-related resources, check out event photos and stay in the know about upcoming community and member events.

okbarassociation okbarassociation The OBA’s official Facebook page The OBA’s official Instagram handle

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obayld obacle Keep up with the the OBA Young See upcoming CLEs and deadlines Lawyers Division

Do you have a comment about what we post or suggestions for what you’d like to see on our social media accounts? Email [email protected].

THE OKLAHOMA BAR JOURNAL JANUARY 2019 | 31 Meet Your Bar Association OBA Sections

OINING AN OBA SECTION PROVIDES a great opportunity to collaborate and connect Jwith lawyers who share a common practice area. The investment in annual dues is minimal, and the benefits are huge. The perks of membership vary by section – including free or discounted CLE and some sections publish member newsletters. The OBA supports 28 substantive law sections that offer professional development and interaction. The following list of lawyers will serve in 2019 as section leaders.

ALTERNATIVE DISPUTE Kyle Rogers, Treasurer Layla Dougherty, Co-Secretary RESOLUTION 2100 N. Lincoln Blvd, Suite 1 2500 Brookdale Avenue Clifford R. Magee, Chairperson Oklahoma City, OK 73105 Edmond, OK 73034 P.O. Box 701800 405-556-9354 405-348-2445 Tulsa, OK 74170 918-747-1747 Melanie Rughani, Secretary Ross Plourde, Immediate Past Chairperson 324 N. Robinson Ave., Suite 100 211 N. Robinson, 10th Floor Michael E. Mayberry, Vice Chairperson Oklahoma City, OK 73102 Oklahoma City, OK 73102 2800 N. Lincoln Blvd. 405-235-7714 405-235-9621 Oklahoma City, OK 73105 405-521-3927 BANKRUPTCY AND BUSINESS AND CORPORATE LAW REORGANIZATION Jeffrey D. Hassell, Chairperson Charles C. Mashek, Secretary/Treasurer Judge Janice D. Loyd, Chairperson 1100 Oneok Plaza 1530 N. Harrison, #243 215 Dean A. McGee, 2nd Floor 100 W. 5th Street Shawnee, OK 74804 Oklahoma City, OK 73102 Tulsa, OK 74103-4217 479-477-0754 405-609-5678 918-595-4823

A. Dan Woska, ADR Week Brian Huckabee, Chairperson-Elect Danae Grace, Chairperson-Elect 2409 Brookhaven Drive 406 S. Boulder, Suite 425 McAfee & Taft Edmond, OK 73034 Tulsa, OK 74103 211 N. Robinson Avenue 405-657-2271 918-587-3000 Oklahoma City, OK 73102 405-270-6017 Larry B. Lipe, Immediate Past Chairperson Therese Buthod, Co-Treasurer 4000 One Williams Center P.O. Box 1888 Armand Paliotta, Immediate Tulsa, OK 74172 Muskogee, OK 74402 Past Chairperson 918-586-8512 918-549-7221 Hartzog, Conger, Cason & Neville 201 Robert S. Kerr Ave., #1600 APPELLATE PRACTICE John B. Jarboe, Co-Treasurer Oklahoma City, OK 73102-4216 Cullen Sweeney, Chair 401 S. Boston, Suite 1810 405-235-7000 2100 N. Lincoln Blvd, Suite 1 Tulsa, OK 74103 Oklahoma City, OK 73105 918-582-6131 CRIMINAL LAW 405-556-9385 Judge Douglas E. Drummond, Tim Kline, Co-Secretary Chairperson Jana Knott, Chair-Elect Corporate Tower, 13th Floor Tulsa County Courthouse P.O. Box 157 101 North Robinson Avenue 500 S. Denver Avenue, #401 El Reno, OK 73036 Oklahoma City, OK 73102 Tulsa, OK 74105 405-262-4040 405-235-4100 918-596-5360

32 | JANUARY 2019 THE OKLAHOMA BAR JOURNAL Melissa Blanton, Chairperson-Elect DISABILITY LAW Rodger Curlik, Membership Director 313 NE 21st Street Jose Blanco, Chair Pray Walker Oklahoma City, OK 73105 Legal Aid Services of Oklahoma 100 W. 5th Street, Suite 900 405-522-0042 2901 N. Classen Blvd, Suite 112 Tulsa, OK 74103 Oklahoma City, OK 73106 918-581-5545 Ricki J. Walterscheid, Secretary 800-421-1641 P.O. Box 926 Eric Money, Immediate Past Chairperson Norman, OK 73070 Leah Kanne, Chair-Elect 101 Park Ave., Suite 1400 405-801-2727 Oklahoma City, OK 73112 Oklahoma City, OK 73102 573-999-2307 405-272-4710 Russ Cochran, Treasurer 419 NE 38th Terrace Roger B. Hale, Secretary ENVIRONMENTAL LAW Oklahoma City, OK 73105 300 N. Walnut Avenue Lee Dooley, Chairperson 405-521-2885 Oklahoma City, OK 73104 Lee Elmer Dooley 405-235-4000 707 N. Robinson Avenue Michael R. Wilds, Q & A Co-Editor Oklahoma City, OK 73102 3100 E. New Orleans St. Gary Jones, Social Chair 405-702-7179 Broken Arrow, OK 74014 414 NW 4th Street, Suite 140 918-449-6532 Oklahoma City, OK 73102 Erin Potter-Sullenger, Chairperson-Elect 405-236-1416 324 N. Robinson, Suite 100 Marty Ludlum, Q & A Co-Editor Oklahoma City, OK 73102 100 N. University Drive Roger B. Hale, Immediate Past Chairperson 405-239-6616 Edmond, OK 73034 300 N. Walnut Avenue 405-974-5341 Oklahoma City, OK 73104 Kaylee Davis-Maddy, Secretary 405-235-4000 105 N. Hudson Ave., Suite 500 Benjamin C. Brown, Seminar Oklahoma City, OK 73105 Committee Chairperson ENERGY AND NATURAL P.O. Box 926 RESOURCES LAW Jonathan Truong, Treasurer Norman, OK 73070 Valery Giebel, Chairperson Oklahoma City, OK 73105-1717 405-801-2694 7906 E. 33rd Street, Suite 100 918-629-0556 Tulsa, OK 74145 Trent H. Baggett, Legislative 918-669-7730 Teena Gunter, Past Chairperson Committee Chairperson Oklahoma Dept. of Agriculture, 511 Chautauqua Dawson Brotemarkle, Chairperson-Elect Food & Forestry Norman, OK 73069 Hall Estill P.O. Box 528804 405-740-6963 320 S. Boston Avenue, Suite 200 Oklahoma City, OK 73152-8804 Tulsa, OK 74103 405-522-4576 Robert Don Gifford, Immediate 918-899-9480 Past Chairperson Stephen Baldridge, Scholarship P.O. Box 2682 G. Patrick O’Hara Jr., Secretary Chairperson Oklahoma City, OK 73101 13808 Wireless Way P.O. Box 1677 405-778-4647 Oklahoma City, OK 73134 Oklahoma City, OK 73101 405-471-5226 405-702-7189

Michael D. May, Budget Officer 301 NW 63rd Street, Suite 600 Oklahoma City, OK 73116 405-252-5829

THE OKLAHOMA BAR JOURNAL JANUARY 2019 | 33 ESTATE PLANNING, PROBATE Sara K. Hawkins, Bylaws, Policies and Emily E. Crain, Estate Planning AND TRUST Procedures Chairperson Week Chairperson A. Daniel Woska, Chairperson 1900 NW Expressway, Suite 1400 2516 NW Expressway 10404 Vineyard Blvd., Suite E Oklahoma City, OK 73118 Oklahoma City, OK 73113 Oklahoma City, OK 73120 405-848-9100 405-840-8401 405-657-2271 Jennifer L. Wright, Membership Chair Denis P. Rischard, Annual H. Terrell Monks, Chairperson-Elect 531 Couch Drive, Suite 201 Meeting Co-Chairperson 1840 S. Douglas Blvd. Oklahoma City, OK 73102 101 Park Avenue, Suite 1125 Midwest City, OK 73130 405-701-6968 Oklahoma City, OK 73102 405-733-8686 405-235-2393 Samantha W. Davis, Practice Joanna K. Murphy, Assistant to the Chair Manual Chairperson Stephen Eck, Annual 6112 E. 480 Road 320 S. Boston Ave., Suite 200 Meeting Co-Chairperson Claremore, OK 74019-0031 Tulsa, OK 74103-3706 2801 E. Memorial Road 918-845-5593 918-594-0638 Edmond, OK 73013 405-425-5118 Stephanie Alleman, Secretary Kim R. Schutz, Web Chairperson 10404 Vineyard Blvd., Suite E 4329 S. Jamestown Ave. FAMILY LAW Oklahoma City, OK 73120 Tulsa, OK 74135 Amy E. Page, Chairperson 405-317-3007 918-406-7415 1630 S. Main Street Tulsa, OK 74119 James C. Shaw, Budget Chair/Treasurer E. Kathleen Pence, Awards and 918-585-1107 100 N. Broadway Avenue, Suite 2900 Nominations Chairperson Oklahoma City, OK 73102 320 S. Boston Avenue, Suite 1026 Brita Cantrell, Chairperson-Elect 405-553-2809 Tulsa, OK 74103 and CLE Chairperson 918-367-8505 Williams Center Tower II Dawn D. Hallman, CLE Co-Chairperson 2 W. 2nd Street, Suite 1100 Hallman & Associates PC Judge Linda G. Morrissey, Judicial Tulsa, OK 74103 2230 McKown Drive Liaison Chairperson (Tulsa) 918-574-3077 Norman, OK 73072 500 S. Denver Avenue 405-447-9455 Tulsa, OK 74103-3832 Amber M. Godfrey, Secretary 918-596-5370 Godfrey Law & Associates PLLC Donna Jackson, CLE Co-Chairperson Victoria Building, Suite 222 10404 N. Vineyard Blvd., Suite E Judge Richard W. Kirby, Judicial Liaison 1901 N. Classen Blvd. Oklahoma City, OK 73120 Co-Chairperson (OKC) Oklahoma City, OK 73106 405-840-1874 Oklahoma City, OK 73142 405-525-6671 405-713-1433 Emily E. Crain, Immediate Past Chairperson Kimberly Hays, Budget Chair/Treasurer 2516 NW Expressway Judge Allen J. Welch, Judicial Liaison 248 W. 16th Street Oklahoma City, OK 73113 Co-Chairperson (OKC) Tulsa, OK 74119-4212 405-840-8401 321 Park Avenue, Room 217 918-592-2800 Oklahoma City, OK 73102 James "Jim" C. Milton, 405-713-1441 T. Luke Barteaux, Membership Chairperson Co-Legislative Chairperson Fry & Elder 320 S. Boston Avenue, Suite 200 Melissa S. Taylor, Historian 10906 S. 86th East Avenue Tulsa, OK 74103-3706 6120 S. Yale Avenue, Suite 1900 Tulsa, OK 74133 918-594-0523 Tulsa, OK 74136 918-633-5615 918-744-0553 Clint T. Swanson, David A. Tracy, Bylaws Co-Legislative Chairperson James "Jim" C. Milton, 320 S. Boston Avenue, Suite 1130 Swanson Law Firm PLLC Social Chairperson (Tulsa) Tulsa, OK 74103-4700 200 Reunion Center 320 S. Boston Avenue, Suite. 200 918-582-8001 Nine East 4th Street Tulsa, OK 74103-3706 Tulsa, OK 74103 918-594-0523 Noel Tucker, Legislative Chairperson 918-856-3934 2964 Via Esperanza Edmond, OK 73013 405-613-8745

34 | JANUARY 2019 THE OKLAHOMA BAR JOURNAL Kimberly Hays, Section Leaders Council Monica Dionisio, Awards and David Burge, Secretary 248 W. 16th Street Nominations Chairperson 1800 S. Midwest Blvd. Tulsa, OK 74119-4212 16311 Sonoma Park Drive Midwest City, OK 73110 918-592-2800 Edmond, OK 73013 405-733-1990 405-705-5900 Phillip J. Tucker, Trial Advocacy Eric L. Johnson, Update Chair Institute Co-Chairperson Stacy L. Accord, Adoption Committee 8524 S. Western, Suite 114 P.O. Box 601 Chairperson Oklahoma City, OK 73139 Edmond, OK 73083-0601 9343 E. 95th Court 405-602-3812 405-348-1789 Tulsa, OK 74133 918-382-9200 Moira Watson, Program Officer Jon R. Ford, Trial Advocacy Institute Hall Estill Co-Chairperson Brian R. Swenson, Social Committee 100 N. Broadway Avenue, Suite 2900 One Grand Center (Tulsa Chairperson) Oklahoma City, OK 73102-8614 201 N. Grand, Suite 400 1719 E. 71st Street 405-553-2828 Enid, OK 73701-4341 Tulsa, OK 74136 580-234-0253 918-481-5898 Steven McConnell, Chair of Legislative Subcommittee M. Shane Henry, Trial Advocacy Amy Page, Suites Chairperson P.O. Box 26090 Institute Co-Chairperson 1630 S. Main Street Oklahoma City, OK 73126-0090 Henry & Dow Tulsa, OK 74119 405-415-9010 1616 S. Main 918-585-1107 Tulsa, OK 74119 Alexa Mangum, Membership Liaison 918-933-4333 Doug Loudenback, Past Edmond, OK 73034 Chairperson Emeritus 405-590-0164 Jon R. Ford, Practice Manual 525 NW 19th Street Co-Chairperson Oklahoma City, OK 73103 Lori Eropkin, Scholarship Chair One Grand Center 405-830-1467 100 W. 9th Street 201 N. Grand, Suite 400 Shawnee, OK 74801 Enid, OK 73701-4341 Gary J. Dean, Past Chairperson Emeritus 405-395-0516 580-234-0253 208 S. Vann Street Pryor, OK 74361-5216 Kelsey Quillian, Listserv Liaison Keith Jones, Practice Manual 918-373-4055 4401 W. Memorial, Suite 109 Co-Chairperson Oklahoma City, OK 73134 5801 E. 41st Street, Suite 300 Jeffrey H. Crites, Immediate 405-235-6500 Tulsa, OK 74135-5628 Past Chairperson 918-770-4890 201 N. Grand Street, Suite 400 GENERAL PRACTICE – Enid, OK 73701 SOLO AND SMALL FIRM Phillip J. Tucker, Practice Manual 580-242-4444 Frank A. Urbanic, Chairperson Co-Chairperson The Urbanic Law Firm P.O. Box 601 FINANCIAL INSTITUTIONS 1141 N. Robinson Ave, #101 Edmond, OK 73083-0601 AND COMMERCIAL LAW Oklahoma City, OK 73103 405-348-1789 Miles Pringle, Chairperson 405-633-3420 P.O. Box 21844 Monica A. Dionisio, Oklahoma City, OK 73156 Ashley B. Forrester, Vice Chairperson Communications Committee 405-848-4810 and Social/Community Chairperson Chairperson Forrester Law Firm 16311 Sonoma Park Drive Jesse Sumner Jr., Vice Chairperson 625 NW 13th Street, Suite A Edmond, OK 73013 P.O. Box 4999 Oklahoma City, OK 73103 405-705-5900 Tulsa, OK 74159 405-974-1625

Stacy L. Acord, Historian Daniel Resendez, Treasurer Michael A. Whiting, Treasurer 9343 E. 95th Court P.O. Box 22222 Whiting and Bruner Tulsa, OK 74133 Oklahoma City, OK 73123 Victoria Building, Suite 222 918-382-9200 405-696-8722 1901 N. Classen Blvd. Oklahoma City, OK 73106 405-525-6671

THE OKLAHOMA BAR JOURNAL JANUARY 2019 | 35 D. Aaron Bruner, Secretary Russell C. Ramzel, Budget Officer/Treasurer Austin Vance, Budget Director Whiting and Bruner 4000 One Williams Center 1620 NW 20th St. 6440 S. Lewis Ave., Suite 100 Tulsa, OK 74172-0148 Oklahoma City, OK 73106-3821 Tulsa, OK 74136 918-586-5680 405-943-6457 918-488-8000 Susan Walker, Immediate Past Valery Giebel, Immediate Ashley B. Forrester, Immediate Chairperson Past Chairperson Past Chairperson 1400 S. Boston 7906 E. 33rd Street, Suite 100 Forrester Law Firm Tulsa, OK 74119 Tulsa, OK 74145 625 NW 13th Street, Suite A 918-551-3831 918-669-7730 Oklahoma City, OK 73103 405-974-1625 IMMIGRATION LAW INSURANCE LAW Lorena Rivas, Chairperson Matthew B. Wade, Chairperson GOVERNMENT AND Fry and Elder The Abel Law Firm ADMINISTRATIVE LAW PRACTICE 1616 S. Main The White House Richard Mildren, Chairperson Tulsa, OK 74119 900 NE 63rd Street 6325 N. Villa #142 918-585-1107 Oklahoma City, OK 73105 Oklahoma City, OK 73112 405-239-7046 405-650-5100 Jesse Gordon, Chairperson-Elect Moore, OK 73170 Michael L. Chitwood, Treasurer Stephen Cortes, Chairperson-Elect 405-334-2286 One Benham Place 5801 Broadway Extension, Suite 110 9400 N. Broadway Ext., Suite 500 Oklahoma City, OK 73118 Lambert D. Dunn, Treasurer Oklahoma City, OK 73114 405-213-0856 2548 NW Expressway, Suite 102 405-475-9707 Oklahoma City, OK 73112 David A. Miley, Treasurer 405-609-6601 Jeffrey A. Curran, Secretary 200 NE 21st Street Gable Gotwals Oklahoma City, OK 73105-3204 Karen Kennedye Aguilar, Secretary One Leadership Square 405-521-2639 2525 NW Expressway, Suite 512 211 N. Robinson Avenue, Suite N1500 Oklahoma City, OK 73112 Oklahoma City, OK 73102 Tamar G. Scott, Secretary 405-535-1679 405-235-5500 200 NE 21st Street Oklahoma City, OK 73105 Melinda L. Alizadeh-Fard, INTELLECTUAL PROPERTY 405-521-2635 CLE Chairperson Shawn M. Dellegar, President P.O. Box 5232 Crowe & Dunlevy Melissa L. Blanton, Immediate Edmond, OK 73083-5232 500 Kennedy Building Past Chairperson 405-879-0800 321 S. Boston Avenue 313 NE 21st Street Tulsa, OK 74103-3302 Oklahoma City, OK 73105 Melissa R. Lujan, Immediate 918- 592-9807 405-522-0042 Past Chairperson 7204 S. Pennsylvania Ave. Zach Oubre, Vice President HEALTH LAW Oklahoma City, OK 73159 McAfee & Taft Stacy Brklacich, Chairperson 405-600-7272 10th Floor, Two Leadership Square St. John Health System 211 N. Robinson Avenue Davis Tower, 2nd Floor INDIAN LAW Oklahoma City, OK 73102 1924 S. Utica Avenue Wilda Wahpepah, Chairperson 405-235-9621 Tulsa, OK 74104 Norman, OK 73072 918-744-2480 405-321-2027 Ann M. Robl, Secretary/Treasurer 609 W. Sheridan Avenue Melissa D. Revell, Chairperson-Elect/ Jennifer N. Lamirand, Chairperson-Elect Oklahoma City, OK 73102 Secretary Crowe & Dunlevy 405-607-8600 Two W. 2nd Street, Suite 1100 324 N. Robinson Ave., Suite 100 Tulsa, OK 74103 Oklahoma City, OK 73102-6417 Ross Chaffin, Director 918-574-3017 405-235-7700 2 Leadership Square 211 N. Robinson, Ste. 450 Jacintha Webster, Secretary Oklahoma City, OK 73102 4200 Perimeter Center Dr., Suite 222 405-606-3350 Oklahoma City, OK 73112-2310 405-802-7542

36 | JANUARY 2019 THE OKLAHOMA BAR JOURNAL Jessica John-Bowman, Director Laura Talbert, Vice Chairperson John M. “Jake” Krattiger, Treasurer Williams Center Tower II Stockton Talbert Law One Leadership Square 2 W. 2nd Street, Suite 1100 1127 NW 14th Street 211 N. Robinson Avenue, Suite N1500 Tulsa, OK 74103 Oklahoma City, OK 73106 Oklahoma City, OK 73102-7144 918-587-0000 405-740-1727 405-235-5500

Michael H. Smith, Director at Large/ Samanthia Marshall, Treasurer MASTER LAWYERS Immediate Past President McAfee Taft Ronald Main, Chairperson Hall Estill William Center Tower II 6634 S. New Haven Ave. 100 N. Broadway, Suite 2900 Two W. Second Street, Ste. 1100 Tulsa, OK 74136-2842 Oklahoma City, OK 73102-8865 Tulsa, OK 74103 918-742-1990 405-553-2828 918-574-3094 Yasodhara M. Means, Secretary INTERNATIONAL LAW Barret T. Bowers, Secretary 2300 N. Lincoln Blvd., Suite 212 Katherine J. Trent, Chairperson Ward & Glass Oklahoma City, OK 73105 1818 W. Lindsey Street, Suite C160 1601 36th Avenue NW 405-312-0160 Norman, OK 73069-4180 Norman, OK 73072 405-300-4784 405-360-9700 Charles R. Hogshead, Treasurer 4112 S. New Haven Place Rebeca West, Chairperson-Elect Paige H. Good, Immediate Past Tulsa, OK 74135-2728 Oklahoma City, OK 73150 Chairperson 918-708-1746 210-862-6350 McAfee & Taft 211 N. Robinson, 10th Floor MILITARY AND VETERANS LAW Brook E. Hamilton, Secretary Oklahoma City, OK 73102 Andi Atkinson, Chairperson 1605 Greenbriar Drive 405-552-2340 Oklahoma City, OK 73118 Norman, OK 73072 405-249-1659 405-371-2532 LAW OFFICE MANAGEMENT AND TECHNOLOGY Kathryn R. McClure, Secretary Ashley Edwards Quinn, Treasurer Dale Rex, Chairperson P.O. Box 561 116 NW 29th Street Sweeney, Draper & Christopher PLLC Lawton, OK 73502 Oklahoma City, OK 73103 P.O. Box 190 580-442-8618 405-816-9062 Ada, OK 74821 580-332-7200 Andi Atkinson, CLE Chairperson JUVENILE LAW SECTION Oklahoma City, OK 73118 Tsinena Thompson, Chairperson Sandra L. Tolliver, Chairperson-Elect 405-249-1659 800 N. Harvey, Suite 323 P.O. Box 14271 Oklahoma City, OK 73116 Tulsa, OK 74159-1271 Amy K. Hart, Immediate 405-232-4453 918-743-4400 Past Chairperson P.O. Box 4040 Jennifer Douglas, Vice Chairperson Cheryl Clayton, Secretary/Treasurer Bartlesville, OK 74006 5905 N. Classen Court, Suite 204 P.O. Box 88 918-336-5100 Oklahoma City, OK 73118 Noble, OK 73068 405-713-6737 405-872-9216 REAL PROPERTY LAW Zachary T. Ball, Chairperson Christina Billington, Secretary Chip Eeds, Immediate Past Chairperson Ball and Morse PLLC 2964 Via Esperanza P.O. Box 1583 3201 S. Berry Road Edmond, OK 73013 Elk City, OK 73648 Norman, OK 73072 405-340-8530 580-225-1315 405-701-5355

Genie Baumann, Treasurer LITIGATION J. Brandon Harvey, Chairperson-Elect Edmond, OK 73034 David W. VanMeter, Chairperson Field, Trojan & Harvey PLLC 405-401-7531 600 N. Walker Avenue, Suite 101 P.O. Box 5676 Oklahoma City, OK 73102 Enid, OK 73702 LABOR AND EMPLOYMENT LAW 405-228-4949 580-233-4625 Kristin Richards, Chairperson Hammons, Gowens, Hurst & Associates Renée DeMoss, Vice Chairperson 325 Dean A. McGee Ave. 100 W. 5th Street, Suite 1100 Oklahoma City, OK 73102 Tulsa, OK 74103-4217 405-235-6100 918-595-4800

THE OKLAHOMA BAR JOURNAL JANUARY 2019 | 37 Deborah A. Reed, Budget Officer Ryan J. Duffy, Secretary WORKERS’ COMPENSATION Reed Legal PLLC Fellers Snider Nichole Bryant Stanton, Chairperson P.O. Box 702385 100 N. Broadway Avenue, Ste. 1700 2347 S. Delaware Avenue Tulsa, OK 74170 Oklahoma City, OK 73102 Tulsa, OK 74114-3234 918-728-1604 405-239-7225 918-938-1103

Roberto Seda, Secretary Taylor K. Ferguson, Treasurer Tess Bullard, Chairperson-Elect Ball and Morse PLLC 100 N. Broadway Avenue, Suite 1500 P.O. Box 780 3201 S. Berry Road Oklahoma City, OK 73102 Oklahoma City, OK 73101 Norman, OK 73072 405-522-9439 405-604-5000 405-701-5355 Alan G. Holloway, Member-at-Large (West) Zachary H. Walls, Treasurer Jennifer S. Jones, Member-at-Large Two Leadership Square 2601 NW Expressway, Ste. 1120W First American Title Insurance Co. 211 N. Robinson, 10th Floor Oklahoma City, OK 73112 133 NW 8th Street Oklahoma City, OK 73102-7109 405-235-7641 Oklahoma City, OK 73102 405-552-2344 405-552-7717 Lacy N. Vassar, Secretary Sheppard F. “Mike” Miers Jr., 210 W. Park Avenue, Suite 1450 Rhonda McLean, Member-at-Large Member-at-Large (East) Oklahoma City, OK 73102-8818 Munson & McMillin GableGotwals 405-235-7600 247 N. Broadway 1100 Oneok Plaza Edmond, OK 73034 100 W. 5th Street Raegan Sifferman, Member-at-Large 405-513-7707 Tulsa, OK 74103-4279 1305 N. Shartel Avenue 918-595-4834 Oklahoma City, OK 73103 Michael J. McMillin, Immediate 405-778-3345 Past Chairperson Julie M. Holmes Chapel, Munson & McMillin IRS Liaison Officer Danny Talbot, Member-at-Large 247 N. Broadway 55 N. Robinson Avenue, Suite 830 13901 Quail Pointe Dr. Edmond, OK 73034-3707 Oklahoma City, OK 73102-9237 Oklahoma City, OK 73134 405-513-7707 405-982-6744 405-602-5600

TAXATION LAW Marjorie L. Welch, State Liaison Officer Emily Biscone, Member-at-Large Rachel Pappy, Chairperson Norman, OK 73069 105 N. Hudson, No. 100 Polston Tax 405-414-5909 Oklahoma City, OK 73102 2424 Springer Drive, Suite 100 405-232-6490 Norman, OK 73069 Elizabeth J. Field, Immediate 405-801-2146 Past Chairperson William R. Emig, Immediate 100 N. Broadway Avenue, Suite 1500 Past Chairperson W. Todd Holman, Vice Chairperson Oklahoma City, OK 73102 7 S. Mickey Mantle, 2nd Floor 10902 S. Mulberry Avenue 405-522-9441 Oklahoma City, OK 73104 Jenks, OK 74037 405-999-9000 918-599-7755

38 | JANUARY 2019 THE OKLAHOMA BAR JOURNAL OBA SECTION DUES To sign up for a section online, login to MyOKBar, go to Online Store, Shop for Section Membership.

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Notes: Section memberships are for the current calendar year and are not pro-rated. For new admits, section fees are waived for the remainder of the admitted year. Court News New Leaders Take Helm of Oklahoma’s Two Highest Courts

SUPREME COURT

Chief Justice Vice Chief Justice Noma D. Gurich Patrick R. Wyrick

Noma D. Gurich is the new Oklahoma Supreme Court Patrick R. Wyrick was elected to be the next vice chief justice. She has been a member of the Oklahoma chief justice. An associate justice since February 2017, Supreme Court since her appointment by Gov. Henry in he was appointed to the Oklahoma Supreme Court January 2011 and just completed a two-year term as vice by Gov. Mary Fallin. He received his law degree from chief justice. A native of Indiana, she received her under- the OU College of Law and began his legal career as a graduate degree from Indiana State University and her law clerk for Federal Judge James H. Payne of the U.S. J.D. degree from the OU College of Law. District Court for the Eastern District of Oklahoma. She is only the third woman to serve on the state’s Following his clerkship, he was in private law practice highest appellate court and as chief justice. Over her when he was hired as the first solicitor general in the years of service, she has the unique distinction of Office of the Oklahoma Attorney General. being appointed to judicial office by four different Vice Chief Justice Wyrick, a fourth-generation native governors after recommendation from the Judicial of Atoka, attended OU on a baseball scholarship. He Nominating Commission. and his wife, Jamie, have three children. Chief Justice Gurich has been a judge in Oklahoma The new Oklahoma Supreme Court leaders will for 30 years, serving as a judge on the Oklahoma serve two-year terms that began Jan. 1. Workers’ Compensation Court and as a district judge for Oklahoma County. Prior to her judicial career, she practiced law for 10 years in Oklahoma City. She is married to John E. Miley, Oklahoma Employment Security Commission general counsel.

40 | JANUARY 2019 THE OKLAHOMA BAR JOURNAL COURT OF CRIMINAL APPEALS

Presiding Judge Vice Presiding Judge David B. Lewis Dana L. Kuehn

David B. Lewis began serving his second term as Vice Presiding Judge Dana Kuehn was appointed Court of Criminal Appeals presiding judge on Jan. 1. to the Court of Criminal Appeals in October 2017 by He was originally appointed to the court by Gov. Gov. Mary Fallin. A native of Tulsa, she attended OSU, Henry in August 2005. Born and raised in Ardmore, receiving a bachelor’s degree in political science in Presiding Judge Lewis earned a bachelor’s degree with 1993. She received her J.D. from the TU College of Law high honors in business administration and econom- in 1996 and served as a felony prosecutor for almost 10 ics from OU and went on to earn his J.D. from the OU years with the Tulsa County District Attorney’s Office. College of Law in 1983. Following law school, he estab- In 2006, she was elected associate district judge of lished a practice in Lawton and subsequently served as Tulsa County. She presided over a felony docket and an assistant district attorney. from 2008-2017, presided over a civil docket. She is a He held the position of special judge in Comanche Mona Salyer Lambird Spotlight Award recipient and in County from 1991-1999 before being appointed by Gov. 2017, the American Board of Trial Advocates recognized Keating to serve as district judge of Comanche, Stephen, her as Judge of the Year for the state of Oklahoma. Cotton and Jefferson counties. He has received numer- The new Court of Criminal Appeals leaders will ous awards and public recognition over the years for serve two-year terms. his dedicated service to the legal community and the public. He was inducted into the Order of the Owl at the OU College of Law in 2017. He has served as Oklahoma Judicial Conference president and is co-chair of the OBA Bench and Bar Committee.

THE OKLAHOMA BAR JOURNAL JANUARY 2019 | 41 Estate Planning Integrated Estate Planning for the Protection and Succession of the Family Business By Philip R. Feist

SUCCESSFUL FAMILY PERSONAL INTERESTS Rights of a surviving spouse can A business is certainly worth ARISING FROM THE be altered by an artfully drafted preserving and protecting. The FAMILY DYNAMIC and timely executed prenuptial primary economic driver that The law of property allocates agreement,15 postnuptial agree- makes the United States the unri- who has a right to own and enjoy ment16 or by a property agreement valed economic powerhouse of what, in what amount and when. after marriage that transmutes joint the world is its family businesses. The family relationship gives rise industry property interests into the These account for the majority of to special legal rights in property. separate property of each of them.17 U.S. gross domestic productiv- Spouses5 and minor children6 have A surviving spouse also has no ity.1 Considering the statistics, it a right to be supported by the fam- rights in a decedent’s separate appears the most efficient, effec- ily business owner (FBO) client’s property that is otherwise dis- tive and successful vehicle for property during life. At death, posed of by will,18 deed, joint ten- harnessing ingenuity to exploit family owned business equity that ancy19 or beneficiary designation. economic opportunity and to cre- is the separate property of an FBO Therefore, to preserve the value ate wealth, is the family business. may be disposed of by last will and to protect ongoing enterprise A 1987 study2 suggested that two and testament or under the terms operations, the FBO will want to out of three family businesses fail to of an estate planning trust, free of execute legal documents that grant make it through the second genera- the claims of a surviving spouse.7 control authority, specifically with tion, and 3-5 percent fail to make it When an FBO dies, the surviving regard to the family owned busi- to the fourth generation. However, spouse has rights to claim 1) own- ness, and that provide for at-death these statistics are deceptive to the ership of an undivided share of the allocations of interests in the family extent they leave us with the impres- FBO’s property,8 2) use of the marital owned business to the surviving sion these family businesses failed residence,9 3) possession of house- spouse and children. economically, since the companies hold tangible personal property,10 included in the study were those that 4) exempt property11 and 5) a discre- BUILDING THE RING OF ceased to exist because they were tionary support allowance during LEGAL STEEL AROUND sold at a profit.3 Further, “[m]ore the pendency of the administration THE FAMILY BUSINESS recent research suggests successful of the FBO’s estate.12 An FBO’s sur- There are compelling reasons families often experience ‘transgen- viving minor children have a right to for segregating ownership, control erational entrepreneurship,’ in which be supported and continue to live in and management of unique assets one generation inspires the next gen- the family residence as well.13 Finally, from other assets. For instance, eration of entrepreneurs, but often in unless the FBO affirmatively says a “gun trust” is designed to hold new ventures,”4 which would rather otherwise in a legally effective tes- title to class three firearms, such indicate family business succession tamentary instrument, the children as machineguns and suppressors. by transition into new fields will also have a right to an intestate Likewise, because of the special of endeavor, not extinction. share of the decedent’s estate.14 value and unique characteristics

42 | JANUARY 2019 THE OKLAHOMA BAR JOURNAL and management requirements of Another unseen potential owned business, to protect its a family owned business, own- claimant against the FBO’s interest operations from outside interfer- ership and control of this asset in the company also exists – the ence from family members in the should also be the subject of its unexpected, nonconsensual judg- absence of the FBO and to put the own estate planning documents. ment creditor, who will want to reach family owned business and its family owned business equity held assets beyond the reach of creditors The Challenge in the FBO’s name or in the names of of the FBO and his or her spouse. Prudent estate planning for the the successors in interest. Particular Equity Trust. Family owned FBO client will take into consideration attention should be paid to planning business equity should be held by the various, often-competing expec- for those estate liabilities which, the trustee of a stand-alone revo- tations of stakeholders other than under Oklahoma law, will become cable trust (equity trust) that is the client, to legally manage some the continuing obligations of the sur- separate from the client’s regular of those expectations and to erect a viving spouse20 after the FBO’s death. estate planning asset management bulwark against others. These include Finally, integrated estate planning trust. The trustee of this equity the expectations of a surviving for the FBO client will strategize to trust would usually be the client, spouse and children, of family owned minimize erosion of family wealth and the authority of successor business co-owners (if any) and of the from income and transfer taxation. trustees should be limited in mat- employees, vendors and customers of ters relating to 1) the sale or other the business upon whose continued Some Suggested Essential transfer shares or units, or any loyalty the viability and profitability Planning Documents interest in these, without the con- of the company depends. What is The following are some sug- sent of the FBO-grantor’s spouse needed is clear and effective control gested essential planning docu- or, if there is none, then any child authority and prudent equity interest ments to provide for continuity of of the grantor who is employed transfer protocols. authority for operating the family as an executive of the company

THE OKLAHOMA BAR JOURNAL JANUARY 2019 | 43 and 2) the removal without cause, contributions to it and guaranteeing physician or other qualified pro- or the refusal without cause, to third-party loans made to it. fessional designated by his or her employ in an appropriate position, In order to maintain objective personal physician. a member of the principal’s family. administration of family owned The equity trust agreement If the family owned business has business equity held in an equity should include flexibility mech- multiple corporate sharehold- trust, the power to remove and anisms that allow it to be mod- ers or limited liability company replace a successor trustee upon ified to adapt to the changing members, the trustee should be grantor incapacity or death could circumstances of an incapacitated authorized to enter into buy-sell be held by a trust protector, who FBO grantor, and of the grantor’s and related agreements (such as could be an executive officer of the spouse and remainder beneficia- liquidity funding arrangements) family owned business, instead ries, including a limited inter vivos as an exception to the restriction of family member beneficiaries power of appointment, exercisable on power to sell or transfer shares having this power. by a trust protector, to appoint (i.e., or units. Also, the trust agree- For the sake of efficiency, an make gifts of) shares or units to ment should include authority for equity trust should provide a the FBO’s spouse, ancestors (to get the trustee to sell family owned streamlined nonjudicial mecha- a “stepped-up basis” (discussed business equity, or interests in nism for establishing a presump- later)) and descendants. equity, to the grantor’s spouse or tion of grantor incapacity, such After the death of the grantor other family members, including, as a professional determination and his or her spouse, family but not limited to, by contributing which sets out the essential find- owned business equity still held shares or units to qualified grantor ings21 which are the basis for con- by the equity trust could continue retained annuity trusts (GRAT) cluding that the grantor is not able to be held, in trust, for the bene- and participating in the purchase to make informed decisions con- fit of the grantor’s descendants. of GRAT remainder interests. cerning the administration of the To dampen a sense of financial The trust agreement for the trust. To help disincentivize a pal- inequity among family mem- FBO’s regular estate planning trust ace coup by a family member, the bers who are not employed by should provide that its trustee shall successor trustee of the trust could the family owned business, the be subject to any direction given be the same person as the attor- equity trust could provide that to him or her by the trustee of the ney-in-fact appointed under the an amount equal to the greater equity trust for the purpose of facili- grantor’s specific durable power of of 1) the average of all compen- tating the financial well-being attorney (discussed later), and the sation paid to all family-member of the family owned business, professional determination has to employees of the company and 2) including making additional capital be made by the grantor’s personal the compensation of the highest

The trust agreement for the FBO’s regular estate planning trust should provide that its trustee shall be subject to any direction given to him or her by the trustee of the equity trust for the purpose of facilitating the financial well- being of the family owned business, including making additional capital contributions to it and guaranteeing third-party loans made to it.

44 | JANUARY 2019 THE OKLAHOMA BAR JOURNAL paid family member employed by the company, be distributed to the equity trust to be disbursed, in equal amounts, among the family members who are not employed by the company. If the equity trust holds a controlling interest in the company, then the trustee would be in a position to compel this result. Coordinating the measuring compensation of employed family members with cash disburse- ments through the equity trust to other family members could also restrain extravagant compensa- tions being paid to family-member employees of the company. During his or her lifetime, the grantor should enter into an agreement with the family owned business that, at the direction of the trustee, 1) the company will be protocol that includes mediation, Further, as discussed earlier with recapitalized to provide for various arbitration of any issues not set- regard to the powers of the equity classes of equity having different tled in mediation and resort to the trust successor trustee, this general voting powers and distribution courts if there is a beneficiary who DPOA agent should be subject to preferences consistent with the does not agree in mediation and any direction given to him or her company’s tax status, if that is rele- who does not accept an arbitra- by the attorney-in-fact of the client’s vant (i.e. S-Corp one-class-of-stock tion result, with the legal fees and specific DPOA for the purpose of requirement) and 2) the company costs of all litigation parties being facilitating the financial well-being will redeem any amount of its currently paid from the trust share of the family owned business, equity held by the trust, subject to of that beneficiary, subject to equi- including making additional capi- specific capital and cash flow met- table reallocation of the fees and tal contributions to it and guaran- rics of the company at the time so as costs burden by the court upon teeing third-party loans made to it. not to unduly burden its financial entry of a final judgment. With regard to a specific DPOA health and capacity. Recapitalization Durable Powers of Attorney. that deals solely with matters will give the trust flexibility in If there is a reason family owned relating to family owned business allocating family owned business business equity should not be equity, the attorney-in-fact should equity among various beneficial held in trust, then the FBO client be someone who is familiar with interests, and redemption will per- should have two durable powers the operations of the family mit the trust to liquidate equity for of attorney (DPOA) – one to man- owned business, such as one of its final distribution to a beneficiary in age the client’s nontrust property executive managers. This DPOA termination of that beneficial inter- interests, generally, and a second should also define the scope of est in the trust. As an alternative, one to exercise family owned agent authority as being limited the trust could be the beneficiary business equity powers. to the exercise of powers inher- of life insurance22 on the life of the The client’s regular asset man- ent in or incident to the princi- grantor or of any trust beneficiary, agement DPOA could appoint as pal’s ownership of family owned to enable the trust to liquidate any attorney-in-fact a person who is business shares or units, with beneficial interest in family owned familiar with the client’s personal restrictions similar to those set out business equity without having and financial priorities. However, earlier on the powers of an equity to require the company to redeem this DPOA should expressly trust successor trustee, as these those shares or units. exclude from the scope of agent relate to the sale or transfer of Finally, the equity trust agree- authority the exercise of the cli- family owned business equity and ment should include a mandatory ent’s powers and prerogatives as employment of family members alternative dispute resolution an equity owner of the company. by the family owned business.

THE OKLAHOMA BAR JOURNAL JANUARY 2019 | 45 FBO Client’s Will. The last will continuing legal education webinar survivorship feature as joint and testament of the FBO should series offered by the Oklahoma Bar tenancy with right of survivor- provide that family owned business Association on September 2018. ship, but it becomes a tenancy in equity not held in trust is transferred Other Drafting Considerations. common upon divorce without the to the client’s equity trust and not Five other considerations should necessity of executing any convey- to his or her generic asset manage- be discussed with the FBO as part ance documents. Lastly, multiple ment trust. To help neutralize family of an integrated estate plan. ownership of a limited liability disputes that could disrupt the First, organize an Oklahoma company also gives an overlay family owned business that is part “Series LLC.”27 The FBO client’s of protection31 in addition to the of the FBO’s estate, an in terrorem preservation trust (or, after the statutory “charging order only” no-contest clause can be included in client’s death, his or her continuing remedy of creditors of an LLC. the will, but these are disfavored and equity trust) could be the manager Fourth, all family owned strictly construed.23 A more effective of the main or “host” LLC, and fam- business equity owners should provision might be something like, ily owned business shares or units be subject to a buy-sell agreement “Any person who claims an interest that otherwise would be transferred which provides that, at the death in my estate other than what I have to the FBO’s individual beneficiaries of a family owned business equity provided for in this, my last will and by gift or at death could instead owner, the agreed-on purchase testament, is hereby given $2, and no be allocated to a series of the LLC price32 of the equity is distributed more, as his or her entire and final which has as its member-owner to a transition trust settled by interest in my estate.” and manager an irrevocable trust the family owned business itself, Creditor Protection. The that the client has settled for the having an executive officer of the planning lawyer likely has a benefit of that individual. This use company as its trustee and, as duty to discuss asset protection of a Series LLC provides triple-layer beneficiaries, the deceased family options with his or her FBO client. protection for the beneficiary’s owned business equity owner’s Particularly potent statutory credi- interest in family owned business spouse and children. This trust tor exempt status is given to assets equity, namely 1) the statutory should give the surviving spouse held in an Oklahoma family wealth liability shield for the series,28 2) the (or, if there is none, then each child, preservation trust,24 which can be charging order as the sole creditor with regard to his or her own settled as a revocable trust.25 The remedy 29 and 3) the protections share) a limited inter vivos power FBO could settle a preservation drafted into the irrevocable trust.30 to appoint trust property to the trust as a second equity trust to Second, the irrevocable trust trustee of any other trust settled by hold family owned business shares settled by the FBO to be the mem- the deceased family owned busi- or units as well as an undivided ber-owner and manager of an LLC ness equity owner or by the family interest in the appreciation of series, as explained earlier, would owned business executive officer assets held in the client’s regular receive any distributions made by (who presumably would be compli- revocable estate planning asset the company with regard to the ant with any reasonable terms the management trust. While the family owned business equity held surviving spouse might request). grantor should not be a trustee by the series. The trust could then Such a provision keeps the value of of his or her preservation trust, make distributions to the benefi- the decedent’s equity interest out of and cannot be a beneficiary of the ciary subject to the terms set out in probate and also protects that value trust,26 a preservation trust agree- the irrevocable trust agreement. from creditors of the decedent’s ment can provide for grantor access Third, provide that the family successors in interest. to trust value by, for instance, a owned business has more than Fifth, while Oklahoma law renewable annual line of credit one owner (such as trusts settled will govern the internal admin- loan secured by the client’s regular for the benefit of the FBO’s chil- istration of an Oklahoma family estate planning asset management dren), with the FBO client (or his owned business, the question to trust and by pledge of his or her or her equity trust, or preservation be considered is, “How could a nontrust property. The preser- trust) owning all voting family non-Oklahoma court judgment vation trust agreement should owned business equity. Also, affect ownership interests in incorporate the pre-emptive, consider holding family owned family owned business equity?” efficiency and flexibility provisions business shares or unit, owned The answer is:33 first, when an discussed in the White Water Estate by client and his or her spouse individual who lives outside Planning: Asset Planning to Survive as tenants by the entirety – this Oklahoma holds family owned to the Next Generation four-part ownership form has the same business shares or units in his or

46 | JANUARY 2019 THE OKLAHOMA BAR JOURNAL her own name;34 second, when state if the same property were to be the family owned business is more taxing authorities assert the right included in the decedent’s tax- than 35 percent of the adjusted to reach the economic interest of a able estate.45 However, gifts made gross value of his or her taxable beneficiary of an Oklahoma trust upstream to older family members estate. The three escape avenues that holds family owned business that will be included in their tax- are 1) applying the decedent’s equity;35 third, when an Oklahoma able estate, can come back to the available estate tax exclusion;49 trust that holds family owned donor’s family with a stepped-up 2) utilizing the 100 percent marital business shares or units has juris- basis, taking advantage of the deduction;50 3) utilizing the 100 dictional minimum contacts with another state.36 Consider also that the value of the interest of a trust beneficiary in trust-owned family business equity – even as a remote contingent remainder beneficiary – The drafting lawyer will want to consider the can be included in divorce property settlement calculations if govern- big footprint on the client’s integrated estate ing law gives the divorce court powers of equitable distribution.37 plan made by income, gift, generation-skipping THE TAX YETI The drafting lawyer will want and estate taxes. to consider the big footprint on the client’s integrated estate plan made by income, gift, generation- skipping and estate taxes. upstream decedent’s estate and percent charitable deduction.51 A Concerning income taxes, some generation-skipping transfer tax final consideration is the issue of primary issues are 1) the transfer exclusion amounts. basis step-up for assets held in a of trust tax liability to the grantor Finally, the integrated estate plan decedent’s single-member LLC.52 or to a beneficiary by application drafting lawyer should also con- Planning for a zero-estate tax of the grantor trust rules,38 sider the income and transfer tax result could combine all three of 2) material participation rules39 for efficiencies of the FBO client using these escape avenues. At the first purposes of the passive loss rules, discounted-value family owned death, a credit shelter trust could 3) the installment sale rules,40 business equity to fund a qualified be funded to the extent of the 4) minimum interest rate require- GRAT46 that has the client’s spouse available estate tax exclusion, and ments for intra-family loans,41 as its beneficiary (resulting in a then excess estate value could be 5) planning to avoid the “net marital deduction gift transfer); allocated to a qualified terminal investment income tax,”42 6) the the beneficiary spouse could then interest property (QTIP) trust,53 availability of the 20 percent qual- sell the remainder to an irrevoca- for the marital deduction. At the ified business income deduction ble grantor trust that he or she has death of the surviving spouse, the new IRC §199A43 and 7) with regard settled for the benefit of his or her remainder of the QTIP trust could to state income taxation, the very children, with a zero income47 and be contributed to a testamentary favorable Oklahoma exemption transfer tax result to the beneficiary charitable lead annuity trust54 from capital gains tax for proceeds spouse. Further, if the GRAT is a that has the children or other from the sale of qualifying corpo- “Walton GRAT,”48 a favorable estate descendants (or trusts for these) as rate shares or LLC units.44 tax result if the grantor dies during remainder beneficiaries; this chari- Concerning lifetime transfers the GRAT term. table lead annuity trust would have of property, gift tax considerations Concerning estate taxation, a term and an annuity distribution include the fact that the federal gift there is one option for lessening percentage that result in a remain- tax is calculated on an “exclusive” the effect of the tax on the family der actuarial value of zero. and not (as is the estate tax) on an business, and there are three ave- With regard to the genera- “inclusive” basis. The other import- nues of escape from this tax. The tion-skipping transfer (GST) tax, ant consideration is that gifts are first option is to make installment at the death of the first spouse to received with a “carryover basis” payments under IRC §6166, where die, the decedent’s available GST as opposed to “stepped-up basis” the value the decedent’s interest in tax exclusion55 could be allocated

THE OKLAHOMA BAR JOURNAL JANUARY 2019 | 47 56 to a GST trust and the QTIP trust ABOUT THE AUTHOR spouse’s interest in the decedent’s estate, and as in favor of the surviving spouse a beneficiary of a life insurance policy, becomes Philip Feist is of-counsel with the law part of the bankruptcy estate. 11 U.S.C. §541(a)(5). could be a “reverse QTIP” that firm of Doerner Saunders Daniel & 21. The statutory bases for a finding of makes the surviving spouse the incapacity in Oklahoma are set out at 30 O.S. Anderson LLP in Tulsa. He practices §1-111(12). “transferor” of the QTIP trust in the areas of estate planning, 22. Discussion of tax-efficient ways to structure remainder for GST tax purposes,57 ownership of life insurance policies is beyond the family business planning and asset scope of this article. However, any such discussion with the result that the surviving protection planning. He is a frequent would address the relative efficiencies of the spouse’s GST tax exclusion is allo- irrevocable life insurance trust and the life insurance presenter at continuing legal partnership, transfer for value rules at IRC §101(a) cated to the QTIP remainder when education seminars and received (2), and premium funding mechanisms including the that spouse dies.58 This GST plan- loan (Treas. Reg. §1.7872-15) and economic benefit his J.D. from the University of San (Treas. Reg. §1.61-22) split dollar regimes. ning will also take into account Diego School of Law. 23. Barr v. Dawson, 2007 OK CIV APP 38, ¶8. issues relating to how interests held 24. 31 O.S. §12 (in pertinent part: “the corpus 59 and income of a preservation trust shall be in trust, as opposed to “direct ENDNOTES exempt from attachment or execution and every skip” distributions, are taxed for 1. According to the Family Owned Business other species of forced sale and no judgment, Institute of Grand Valley State University, there decree, or execution can be a lien on the trust for GST purposes. are 5.5 million family businesses in the U.S., the payment of debts of a grantor, except a child Finally, as a capstone to this contributing 57 percent of the gross domestic support judgment.”). product, employing 63 percent of the workforce, 25. 31 O.S. §13. aperçu of relevant federal taxa- responsible for 78 percent of all new job creation 26. 31 O.S. §§11(5)(c), (11)(6). Note: Having an tion issues, the integrated estate and universally outperforming nonfamily inter vivos QTIP trust for the grantor’s spouse is businesses (www.gvsu.edu/fobi/family-firm- problematic, for these reasons: first, a preservation plan drafting lawyer should look facts-5.htm). trust should have a provision that automatically for opportunities to take advan- 2. John Ward, Growing the Family Business: a divorcing spouse from being a beneficiary, but Special Challenges and Best Practices (Wiley, 1987). this could disqualify an interest in the preservation tage of two other planning tools. 3. See, Robert Holton, “A Critical Look at trust for QTIP marital deduction purposes; second, First, consider setting a multi- ‘Survival’ Statistics,” Family Business Magazine, if the spouse-beneficiary of the QTIP trust dies generational trust to make gift- at www.familybusinessmagazine.com/ and has exercised a testamentary limited power critical-look-survival-statistics. to appoint the QTIP remainder to the surviving tax exempt and GST tax exempt 4. Id., citing to Zellweger, Nason & Nordquist, grantor spouse, who is also the preservation trust payments for beneficiaries’ qual- “From Longevity of Firms to Transgenerational grantor, then the preservation trust grantor would Entrepreneurship of Families: Introducing Family be a disqualifying beneficiary of his or her own ified medical and educational Entrepreneurial Orientation,” 25 Family Business preservation trust. expenses,60 perhaps as an alter- Review, 136-55 (2012), published online at 27. 18 O.S. §2054.4. cdn.ymaws.com/www.ffi.org/resource/resmgr/ 28. “[T]he debts, liabilities, obligations and native wealth transfer equalizer FFI_on_Friday/From_Longevity_of_Firms_FBR_.pdf. expenses incurred, contracted for or otherwise in place of giving family owned 5. 43 O.S. §§201, 202. existing with respect to a particular series shall 6. 10 O.S. §83. be enforceable against the assets of such series business equity to children who 7. 84 O.S. §§44(B)(1), 301. only, and not against the assets of the limited are not engaged in the company. 8. 84 O.S. §44(B)(2). For purposes of a surviving liability company generally or any other series spouse’s election right, Oklahoma is not an thereof, and, unless otherwise provided in the Second, consider making gift-tax “augment” state; instead, the surviving spouses operating agreement, none of the debts, liabilities, free marital deduction transfers to election “applies only to property passing by testate obligations and expenses incurred, contracted for succession and/or under the terms of a revocable or otherwise existing with respect to the limited an inter vivos QTIP trust that gives trust in which a decedent has some interest that liability company generally or any other series the beneficiary spouse a limited survives his death,” and not to other assets such as thereof shall be enforceable against the assets of pay-on-death accounts and life insurance proceeds. the series.” Id., in pertinent part. testamentary power to appoint the Estate of Littleton, 2013 OK CIV APP 94, ¶15. 29. 18 O.S. §2034. remainder of trust property to, or 9. 58 O.S. §311; however, a surviving spouse 30. These would be limitations on access has no right to occupy a residence that was the to beneficial interests by 1) trustee distribution among, a surviving spouse and separate property of the decedent (Casey v. Casey, discretion, 2) distributions limited to ascertainable children, resulting in 1) protec- 2005 OK 13). standard purposes and 3) statutory spendthrift 10. 58 O.S. §311. protection (60 O.S. §175.25). tion of QTIP trust property from 11. 58 O.S. §312. 31. See, 1) In re Albright, 291 B.R. 538 (D. creditors of the grantor and of 12. 58 O.S. §§314, 318. Colo. April 4, 2003) (with a single-member LLC, 13. 58 O.S. §314; note that a decedent’s child there are no fiduciary duties owed to other the beneficiaries, 2) a stepped-up support obligation does not survive the death of members, so the bankruptcy trustee, holding basis for the QTIP trust remainder, the obligor unless the support order so provides all of the equity of the LLC, could dissolve the 3) utilization of the beneficiary (Whitman v. Whitman, 1967 OK 162). entity and reach its assets for the benefit of 14. 84 O.S. §§131, 132, 213(B)(2). creditors); and 2) In re Baldwin, 463 B.R. 142 spouse’s estate tax exclusion at his 15. 43 O.S. §121(B), 84 O.S. §44(A). See, Griffin v. (10th Cir. BAP, July 11, 2006) (the power of the or her death and 4) with a reverse Griffin, 2004 OK CIV APP 58 (setting out elements bankruptcy trustee who held the debtor’s interest of a valid prenuptial agreement); Starcevich v. in an Oklahoma limited partnership agreement QTIP election, utilization of the Starcevich, 2014 OK CIV APP 1250 (elements of to dissolve the entity, and thus reach its assets, QTIP spousal beneficiary’s GST unenforceability of a prenuptial agreement). was determined by the terms of the operating 16. See, Griffin at ¶11. agreement and Oklahoma statute). tax exclusion as well. 17. 43 O.S. §207. 32. See, Hopson, James F., “Safeguarding the 18. 84 O.S. §44(B)(1). Family Limited Partnership” (Journal of Taxation, 19. See, Casey at ¶14. November 2014); Hall, Lance S., “Lack of Outside 20. Under Oklahoma law, the expenses of a Appraisal Dooms Buy-Sell Formula Value Fix for decedent’s medical expenses become, by statute, Estate Tax Purposes.” the liability of a surviving spouse. 43 O.S. §209.1. 33. The three scenarios set out here do not Also, if a decedent dies within 180 days after include in rem jurisdiction of another state over his surviving spouse had filed bankruptcy, the family owned business property located in that

48 | JANUARY 2019 THE OKLAHOMA BAR JOURNAL state (e.g., In re Huber, 493 B.R. 798 (Bankr. W.D. of real or tangible personal property located in Wash. 2013)), or possible in personam jurisdiction Oklahoma and “directly or indirectly” owned by over the company’s equity owners when the the taxpayer for at least five continuous years. company does business in another state without 45. IRC §1014(a). domesticating itself in that state (see, Note, 46. IRC §2702(b). “The Legal Consequences of Failure to Comply 47. Rev. Rul. 85-13 (a sale or exchange between with Domestication Statutes,” 110 University of a settlor and her grantor trust are disregarded). Pennsylvania Law Review 241 (1961)). 48. Walton v. Commissioner, 115 TC 589 (1993) 34. Jurisdiction is of several kinds: jurisdiction (the value of a GRAT included in the estate of a as to what purpose: subject matter (general, grantor who dies during its term will only be the or limited; and, federal question jurisdiction in present value of the unpaid term annuity amounts). federal court); jurisdiction as to what person: 49. IRC §2010. personal (general jurisdiction, for all purposes 50. IRC §2056(b)(5) & (7). relating to the defendant, or special jurisdiction, 51. IRC §2055. relating to only particular activities of the party 52. Only property that is acquired from a in the state); jurisdiction as to property: in rem decedent gets a basis step-up (IRC §1014(a)), (relating to property and interests in property and, for a single-member LLC owned by the located in the state). Further, jurisdiction requires decedent, this would be the LLC units not the LLC statutory authority, such as state “long-arm” assets. Rev. Rul. 99-5 holds that, since a single- jurisdiction over nonresidents, and federal member LLC is a disregarded entity for federal tax “diversity” jurisdiction over parties (having purposes, a sale of half of a single-member LLC’s citizenship (not, residence, see Riverboat Group, units is a sale of half of the LLC’s assets. However, LLC v. Ivy Creek of Tallapoosa, LLC, 2018 WL in Pierre v. Commissioner, 133 TC 24 (2009), the 654720 (M.D. Ala. Jan. 4, 2018)) and amount-in- court held that, for federal transfer tax purposes, controversy requirements). a gift of units of a single-member LLC is not a gift 35. E.g., Cal Rev & T Code §17743; Cal Rev & of the value of assets, but of the units themselves. T Code §17744. If this is the case, then a step-up of the basis of 36. Hanson v. Denckla, 357 U.S. 235 (1958). LLC units can only bring favorable capital gains 37. Equitable distribution is a method of tax results upon dissolution of the LLC and a allocating property between divorcing spouses, terminating distribution of LLC assets to the heirs/ taking into account any and every interest in beneficiaries who hold the LLC units. But, I note property a party may have, however remote or this critical distinction between a gift transfer of contingent. All states except for Arizona, California, part of a single member’s LLCs units, and a death Idaho, Louisiana, Nevada, New Mexico, Texas, transfer of all of the single member’s LLC units at Washington and Wisconsin follow the principles of death: a transfer of all of units includes the power equitable distribution. See also, Sildon, “Strategies to dissolve the LLC and reach its assets, and what for Dealing with Divorce and the Family Business,” is acquired from the decedent single member 33 Estate Planning Journal, July 2006 (addresses was this power to dissolve; therefore, if this issues other property settlement issue than reasoning is correct, a single member LLC would equitable distribution). be, in actual fact, a disregarded entity for transfer 38. IRC §§671-679. An estate tax-efficient tax purposes where all LLC units have been grantor trust power to draft into a trust agreement transferred, and the basis step-up should logically is the “equivalent value substitution” power, go to the LLC assets themselves. §675(4), exercisable by someone (e.g. a trust 53. IRC §2056(b)(7). protector) other than the grantor (to avoid this 54. The IRS has provided a model testamentary power from potentially falling into the hands CLAT form at Rev. Proc. 2007-46. of a bankruptcy trustee), which will allow a 55. IRC §2631. highly appreciated low-basis trust asset to be 56. Each GST trust should have only one substituted out of the trust into the grantor’s beneficiary, to avoid “gift-over” complications hands in exchange for cash or a cash equivalent under IRC §2014(e). transferred to the trust, with the result that the 57. IRC §2652(a)(3). substituted-out property will be included in the 58. IRC §2044. grantor’s estate and receive a stepped-up basis. 59. IRC §2611(a)(1) (taxable distributions) & 39. IRC §469(h)(1); at issue is whether §2611 (a)(2) (taxable terminations). income is the result of passive or active taxpayer 60. IRC §§2503(e), 2611(b); 2642(c); see also, participation in a “trade or business.” Handler, “Structuring Transfers and Trusts to 40. IRC §453. Qualify for Gift and GST Tax Exclusions Related 41. Intra-family loans are governed by to Educational and Medical Expenses,” a paper “applicable federal rates” (AFR) promulgated delivered at the 2006 Joint Fall CLE Meeting of the pursuant to IRC §1274, which are the minimum American Bar Association – Section of Taxation, interest rates that must be applied to intra-family available at www.americanbar.org/content/dam/ short term loans (having a term of three years or aba/events/real_property_trust_estate/joint-fall/ less), midterm loans (having a term of three to 2006/547200610016.pdf. nine years) and long term loans (having a term of more than nine years). If intra-family loans bear an interest rate less than the relevant AFR, or if interest is not paid annually, the IRS will impute an “original issue discount” rate to the loan on an annual basis (IRC §7872). 42. IRC §1411. 43. 2017 Tax Cuts and Jobs Act §11011(a). 44. 68 O.S. §2358, Sec. F. – “qualifying [capital] gains” are exempt from Oklahoma taxation; these include capital gains from 1) the sale of corporation stock or LLC units of a company having a continuous physical presence in Oklahoma for at least three years, and which are owned “directly or indirectly” by the taxpayer for at least two continuous years, and 2) the sale

THE OKLAHOMA BAR JOURNAL JANUARY 2019 | 49 Real Estate Law Private Takings in Oklahoma Under Article II, §23 of the Oklahoma Constitution By Stephen P. Gray & M. Scott Major

HE PURPOSE OF THIS article Hence, any private person, firm or to determine whether a private Tis to acquaint the practitioner corporation may utilize the power cause of action may be implied with a little-known procedure for of eminent domain for the limited when a private remedy is not pro- handling access and utility issues purposes set forth in Article II, §23 vided by statute are as follows: involving real property in Oklahoma – under the Railroad Statutes. a private cause of action for eminent (1) is the plaintiff one of the class domain. Under Article II, §23 of the AUTHORITY FOR AN INVERSE for whose especial benefit the Oklahoma Constitution, a private CONDEMNATION ACTION statute was enacted? (2) is there person may condemn private land FOR PRIVATE TAKING IN any indication of legislative of another for 1) a private way of EMINENT DOMAIN intent, explicit or implicit, either necessity or 2) for drains or ditches As to the basis for an inverse to create such a remedy or deny across lands of others for agricul- condemnation claim by a private one? (3) is it consistent with the tural, mining or sanitary purposes.1 property owner, there is authority underlying purposes of the Oklahoma law specifically provides to support the positions that an legislative scheme to imply such that private condemnation can be implied cause of action is available a remedy for plaintiff: and (4) is accomplished pursuant to statutory under Oklahoma’s statutory and the cause of action one tradi- proceedings, but the issue of inverse constitutional scheme for condemna- tionally relegated to state law so condemnation, in which a party is tion proceedings. If a private party that it would be inappropriate seeking compensation for a private has the power of eminent domain to infer a cause of action based taking, is not as cut and dry. There for the limited purposes set forth solely on federal law? is, however, authority that supports in Article II, §23, it is only logical an implied cause of action for inverse that an aggrieved property owner When one looks at the first factor, condemnation by a private property adjacent to such person would also a private party is clearly included in owner against a private person. have an action for inverse condem- the class intended to benefit from the nation against an offending neigh- protection of Oklahoma condemna- CONDEMNATION ACTION bor. An inverse condemnation cause tion statutes.6 Moreover, under the UNDER THE ‘RAILROAD of action arises when there is an second prong there is indication of STATUTES’ “ongoing and substantial inter- legislative intent expressed in 27 O.S. Oklahoma law provides that ference” by another private party §6 that such actions are to proceed a private property owner can with the landowner’s use of the under the Railroad Statutes. 66 O.S. accomplish a private taking “in property.4 Oklahoma case law rec- §57 is a Railroad Statute that allows like manner as railroad compa- ognizes that an implied cause of an inverse condemnation action. As nies,”2 and such a taking may be action exists under certain circum- to the third prong (“[I]s it consistent accomplished pursuant to the pro- stances.5 In Keizor v. Sand Springs with the underlying purposes of the cedures set forth in the “Railroad Ry. Co., the Oklahoma Court of legislative scheme to imply such Statutes” for condemnation.3 Civil Appeals held that the factors a remedy for plaintiff?”), clearly

50 | JANUARY 2019 THE OKLAHOMA BAR JOURNAL the answer is yes, in that courts have long recognized the right to bring an action for inverse condemna- tion.7 It can thus be argued that a private property owner also has the right of an inverse condemna- tion action against another private party under the appropriate facts and circumstances, but there is another reason to pursue a pri- vate inverse condemnation action against another private person. There are two constitutional pro- visions concerning eminent domain. As discussed above, the first is Article II, §23 of the Oklahoma Constitution. The other is Article II, §24, which states in pertinent part:

Private property - Public use - Character of use a judicial question. Private property shall not be taken or damaged for public use without just compensation.

It is readily apparent that an action brought under Article II, §24 is a public entity taking for a public use, while Article II, §23 concerns a private party taking for a private use. When one compares Article II, §23 to Article II, §24, the language is substantially similar. The opera- tive language of both constitutional provisions is “no … property shall be taken or damaged.” Moreover, 27

THE OKLAHOMA BAR JOURNAL JANUARY 2019 | 51 O.S. §6 empowers a private property actions remains. The Oklahoma of action for inverse condemna- owner to proceed in condemnation Court of Civil Appeals summarized tion by a private property owner in like manner to the railroad com- the answer aptly in Perry v. Grand against another private party.18 panies. The Railroad Statutes pro- River Dam Authority.11 In Perry, the Accordingly, practitioners need vide for both regular condemnation court found that Art II, §24 does to be aware of a cause of action and inverse condemnation takings.8 not contain a limitations period in eminent domain for a client in Moreover, 66 O.S. §57 provides the and does not make any distinctions the limited circumstances where right of inverse condemnation: between real and personal prop- a private taking may lie. erty.12 Instead, §24 provides for “just [P]rovided, that in case any compensation to all private property corporation or municipality that is taken or damaged.”13 However, ABOUT THE AUTHORS authorized to exercise the looking to the Oklahoma Supreme Stephen P. Gray was born and raised right of eminent domain shall Court’s holding in Drabek v. City of in Oklahoma, residing in Broken have taken and occupied, for Norman,14 the Perry court found that Arrow. He graduated from the TU purposes for which it might early case law in Oklahoma estab- College of Law in 1980. He has have resorted to condemnation lished a statute of limitations of 15 been in private practice since 1990, proceedings, as provided in this years when “there has been a taking practicing real estate and eminent article, any land, without having of real private property without just domain matters. purchased or condemned the compensation.”15 Because condem- M. Scott Major is a native same, the damage thereby nation proceedings “do not involve Oklahoman who lives in Collinsville. inflicted upon the owner of such a tort” and inverse condemnation He is a third-year law student at land shall be determined in the takes the form of a “special statu- the TU College of Law. Prior to manner provided in this article tory proceeding to ascertain just law school, he was an advanced for condemnation proceedings. compensation,” the court found that placement English teacher at Owasso the two-year statute of limitations High School and an overseas The language of the two consti- for torts did not apply.16 The Perry humanitarian worker in China. tutional provisions is so similar to court then held that the appropriate come within the doctrine of in pari limitations period for an inverse ENDNOTES materia,9 which states that similar condemnation proceeding is 15 1. “No private property shall be taken 17 or damaged for private use, with or without provisions on the same subject are years. Although the Perry court’s compensation, unless by consent of the owner, to be construed together in inter- holding pertained to Article II, §24 except for private ways of necessity, or for drains and ditches across lands of others for agricultural, preting the material provisions. public takings, borrowing again mining, or sanitary purposes, in such manner as may Applying the doctrine of in pari from the doctrine of in pari materia, be prescribed by law.” Article II, §23 of the Oklahoma Constitution (emphasis added). materia to the two constitutional one may reasonably conclude that 2. “Any private person, firm or corporation shall provisions would, therefore, lead the Perry court’s holding would also have power to exercise the right of eminent domain in like manner as railroad companies for private ways to the conclusion that an inverse apply to §23 and that 15 years is of necessity or for agriculture, mining and sanitary condemnation action for a private the applicable statute of limitations purposes.” 27 O.S. §6. 3. 66 O.S. §§51 through 66. party proceeding is authorized period for a private party taking of 4. See Perry v. Grand River Dam Authority, 2015 under Article II, §23. This conclu- personal real property or private OK CIV APP 12, 344 P.3d 1; State ex rel. Dept. of sion is further supported by case party inverse condemnation actions. Transp. v. Hoebel, 1979 OK 63, ¶9-10, 594 P.2d 1213, 1215. law allowing inverse condem- 5. See Keizor v. Sand Springs Ry. Co., 1993 OK nation for public takings under CONCLUSION CIV APP 98, 861 P.2d 326. 6. See 27 O.S. §6; 66 O.S. §57. 10 Article II, §24. Article II, §23 of the Oklahoma 7. See, e.g., Hoebel, 1979 OK 63, 594 P.2d 1213. Constitution recognizes a private 8. 66 O.S. §§57 66. 9. Groom v. Wright, 1912 OK 25, 121 P. 215. STATUTE OF LIMITATIONS FOR right of action to acquire private 10. See, e.g., Perry v. Grand River Dam Authority, PRIVATE CAUSES OF ACTION property through eminent domain. 2015 OK CIV APP 12, 344 P.3d 1; State ex rel. Dept. of Transp. v. Hoebel, 1979 OK 63, 594 P.2d 1213. FOR EMINENT DOMAIN 27 O.S. §6 empowers a private prop- 11. 2015 OK CIV APP 12 ¶26, 344 P.3d at 20. Premises considered, although erty owner to acquire private prop- 12. Id (¶26). 13. Id. the viability of causes of action for erty by condemnation pursuant 14. 1996 OK 126, ¶4, 946 P.2d 658, 659. private-party condemnation and to the Railroad Statutes. Although 15. Id. 16. Id. 344 P.3d at 20, ¶27. inverse condemnation action is no Oklahoma appellate courts 17. Id. established under Article II, §§23 appear to have examined the issue, 18. 66 O.S. §57; State ex rel. Dept. of Transp. v. Hoebel, 1979 OK 63, 594 P.2d 1213. and 24, the question of the applica- there is sufficient authority under ble statute of limitations for such Oklahoma law to assert a cause

52 | JANUARY 2019 THE OKLAHOMA BAR JOURNAL

From the Executive Director New Vision for OBA By John Morris Williams

T’S 2019. Just one year from 2020 and exterior lighting and design. online CLE wasn’t even a dream. I– a number commonly referred None of this comes with a small Now in 2019, because of an order to when discussing perfect vision. price tag. The Bar Center Facilities of the Oklahoma Supreme Court This year there will be some serious Committee has been working changing the MCLE rules, OBA planning to help us have a better on preliminary designs and will members will be able to earn all 12 vision in 2020. I must say I am finalize a plan and begin imple- hours of their MCLE credit online. excited to have President Charles mentation of our exterior design President Chesnut has created a “Chuck” Chesnut at the helm, Lane and landscaping this year. task force to study and investigate Neal in the vice president’s seat, One of the things that has our CLE and MCLE departments. Susan Shields as president-elect, me most excited is our planned As we study, investigate and Brandi Nowakowski as YLD chair review of everything having to review all things CLE, the primary and Kim Hays around for another do with continuing legal educa- focus will be on how we move year as past president. We also have tion. This will also include a look forward in a brave new world of an incredible Board of Governors, as at our Mandatory Continuing online learning experiences and is always the case. We all owe a debt Legal Education Department. adding value to our members. of gratitude for their selfless service. Unless you have served in one of their respective capacities, you have no idea of the commitment our offi- cers and governors bring to the table to help us preserve self-governance. As we study, investigate and review all things Without them, the costs and amount of bureaucracy you would endure to CLE, the primary focus will be on how we move practice law in the state of Oklahoma would be significantly higher. forward in a brave new world of online learning The OBA finished 2018 in good financial shape, heading into 15 experiences and adding value to our members. years without a dues increase. During that time, the bar center has been completely remodeled, asbestos abated, had all mechan- ical systems replaced except one While continuing education This of course will include looking HVAC unit, had new furnishings has been around a long time, it at the financial model, delivery acquired for all offices and public became mandatory for lawyers in systems, staffing and learning out- spaces and received an update Oklahoma in 1986. Since that time, comes. I once heard the purpose of “light and magic” technology the OBA added the west wing of CLE is to “help build better law- for Emerson Hall and the hear- of the building which includes yers.” We have great lawyers, and ing room. We are now at a point Emerson Hall. As most OBA I am hopeful that we will discover where we need to further update members know, Emerson Hall is new and better ways to continue some of the “light and magic,” and the main venue for OBA in-person to deliver high-quality continu- we are looking at our landscaping CLE programs. When it was built, ing legal education in a way that

54 | JANUARY 2019 THE OKLAHOMA BAR JOURNAL meets the needs of every OBA member. I am excited that we will From the President (continued from page 4) have some new vision for 2020. Over the years, I have watched share decreases each year. There are LOOKING BACK with interest as bar presidents with big several hundred competitors in the Lastly, I cannot start this new agendas tackle great projects during CLE marketplace with a good number year without a bit of reflection. their year as president. Many have of those providing credit hours at no I cannot thank Past President accomplished much. There are those charge or providing programming Kimberly Hays enough. In addi- who have served who have been very much less expensive than the OBA. tion to leading us well in 2018, she steady and continued to move us The budget reveals that revenue and the OBA Board of Governors forward. They take on issues that arise from CLE, although still one of the were incredible in their delibera- and proceed to power through them. OBA’s primary revenue sources, has tions and decisions. Last year left Through it all, the bar association been following a long trend decrease us with challenges in adjusting continues to move ahead. The reason going back at least to 2005. The real to the new medical marijuana for this, I think, is we have a bar staff issue is that the marketplace has laws, and our House of Delegates that continues to provide energy, focus greatly reduced our profitability. approved changes to the Rules of and implementation of the tasks we Currently, our CLE Department Professional Conduct submitted to undertake. Also, in an age where vol- is working hard to provide continu- the Oklahoma Supreme Court. unteerism seems to be on the wane, the ing legal education through multiple The Oklahoma Supreme Court, OBA still has a large number of attor- delivery mechanisms, and it continues under the leadership of outgoing neys who care enough to get involved to look for alternative ways to improve Chief Justice Douglas Combs, and tackle projects in a big way. It takes CLE delivery. But however good the made great strides in access to jus- us all to keep it advancing together. OBA may be in its CLE programming, tice through the Access to Justice My goal this year is simple – keep one has to consider that price, delivery Commission. Collectively, we were doing well the things we do well and method, location and specialized lead well and important work work diligently on the areas that need programming often trump the was undertaken, and good results improvement. We will continue to OBA’s high content standards. were achieved in 2018. Because of provide great service to our members. This year, we are appointing a that work, we have good vision We do have some areas that need task force to do a study of CLE/ for 2019 and we may get to 2020 to be looked at closely. An example MCLE to investigate how we can do before the calendar does. is continuing legal education. It has CLE better. Is the OBA offering the Happy New Year! changed dramatically over the years. right programs at the right price, at Member surveys reveal that the right time and in the right way to members consider CLE as the most add value to its members? If you have important service the OBA provides. ideas about this, please let us know. It is vitally important that the OBA There is a lot more happening in the continues to make quality, affordable OBA. We’ll talk more about it in future programming available to its members. issues. In the meantime, my wish for To contact Executive Director Williams, Since 1986, the OBA has been the all of us is that we make the decisions email him at [email protected]. market leader in CLE in Oklahoma. and take the steps in our lives that will While still the market leader, its market cause us to have a great year in 2019.

THE OKLAHOMA BAR JOURNAL JANUARY 2019 | 55 Law Practice Tips Cloud Computing for Lawyers – 2019 By Jim Calloway

S IT REALLY OK for a Maximum PC in September 2010. create a problem for the lawyer and “Ilawyer to use the cloud?” is She wrote articles for Maximum possibly for the client. Today, we one of the most commonly asked PC for five years and has written are all just one ill-advised click on questions I hear from lawyers both on hacker culture and technology a link or attachment from a poten- today and over the years. topics. She probably had no idea tially devastating malware attack. The answer is what has been when she wrote the above words At worst, the attack could wipe out referred to as every lawyer’s favor- that she would be cited in state bar not just one computer hard drive, ite answer to any legal question – ethics opinions and many other but every computer hard drive, “It depends.” publications for lawyers. portable hard drive and server In my opinion, the expanded Most computer users use cloud attached to the network. answer to that question is, today not computing every day. Some If you practice in a large firm only is it appropriate for lawyers to services are obvious examples of with full-time IT staff and they use the cloud for both the lawyers’ cloud computing like Dropbox, have a different backup strategy, and clients’ information, but there iCloud, Gmail (and everything else that’s fine. However, for most, a are many situations where using the provided by Google) and Facebook continuously operating cloud- cloud is the absolute best method (along with all other social media). based backup service should be of storing, utilizing and protecting If one wants to dive into the weeds, one of your two backup methods. both lawyer and client data. (Let me there are now many types of cloud (Yes, two backup plans, operating note that I am not the OBA ethics service models including Software- independently, is the standard counsel nor does my opinion con- as-a-Service (SaaS), Platform-as-a- of care today.) Since most online stitute any policy of the Oklahoma Service (PaaS) or Infrastructure- backup services both compress Bar Association.) as-a-Service (IaaS), but we are not the data and hold it very securely, Of course, being a lawyer, I’m going into the weeds today. the chances of an information data also quite certain I am correct breach are quite limited. about the subject. WHEN IS THE CLOUD THE Online backup works well if Let’s begin with a very simple ABSOLUTE BEST CHOICE? you have computers corrupted by definition of cloud computing: To me, it is online backup. malware or a hard drive with cor- Since the beginning of cloud rupted data that is undamaged. Cloud computing is a fancy way computing, lawyers were concerned Restoring from an online of saying stuff’s not on your whether these services appropri- backup is more challenging if the computer. It’s on a company’s ately protected confidential and computer has been destroyed by server, or many servers, pos- privileged client information. That natural disaster and you cannot sibly all over the world. Your is clearly an important concern, purchase the exact same model as computer becomes just a way which I’ll cover momentarily. a replacement. The lawyer is still of getting to your stuff. Your There are other types of risks to in far better shape than if there computer is an interface, but not our practices and our clients as we was no backup, but you will first where the magic happens. use technology tools. A hard drive have to buy a new computer and crash could wipe out important then professional assistance may This definition is from “Byte and valuable client documents. If a be required to retrieve the data Rights” by Quinn Norton, pub- brief that was 90 percent done and and make it usable. Some customi- lished in a now-defunct magazine is due tomorrow is lost, it would zations will likely be lost.

56 | JANUARY 2019 THE OKLAHOMA BAR JOURNAL Cloud Computing for Lawyers – 2019

You may also want to inquire Just imagine you are looking at file) and other things you need like with your backup provider on firefighters pouring water on what time and billing tools. how long a complete data restore is left of your smoldering law office The benefits of having data in might take. I once heard from or you are on high ground looking the cloud are likely why 52 percent a lawyer who used the “home” down on your flooded place of of lawyers responding to the 2017 grade of a backup service rather business. Having a backup is great ABA Tech Report survey stated than the business class and, in his comfort then, but you are a few they were using cloud computing, second day of an estimated three steps away from having access to with solo and small firm lawyers days to restore the data, he wasn’t your files. With cloud-based prac- leading the way.1 It is probable exactly a satisfied customer. tice management tools, you can be many lawyers in larger firms who logged in with your phone looking responded to the survey were PRACTICE MANAGEMENT at documents in client files and rear- unaware of the ways the firm was IN THE CLOUD ranging your calendar for tomorrow using the cloud. (I still chuckle Every OBA member who while watching the firefighters. about the time a lawyer sent me has heard me discuss this subject Many lawyers now sometimes a strongly worded email from his knows I am a big fan of cloud-based work from home. Many lawyers Gmail account outlining why he practice management solutions. I also travel frequently as a part of would never use cloud computing.) particularly like cloud-based prac- their practice and work from hotel Another benefit of using the tice management for solo and small rooms or other locations. Using a cloud is that well-designed cloud firm lawyers because the tech sup- VPN to securely log in to a prac- services are quite secure and port is handled by the provider as a tice management solution is a provide protection for a law firm’s part of the subscription. In addition much more secure way of remote data and client data. Today, being to making law firm operations working than emailing documents connected to the internet means you run more smoothly and efficiently, back and forth with the office. This are a target for online scammers, these tools serve as the cloud-based provides access to every document criminals and other wrongdoers. backup service that doesn’t need to in every client file (assuming you I’ve heard of many law firms having be restored. scanned them into the digital client all or some of the office computers

THE OKLAHOMA BAR JOURNAL JANUARY 2019 | 57 crippled by a malware attack. I have I’m not going to regurgitate all is destroyed by a natural disaster. not heard of any instances where of those opinions that are linked I’m concerned about the lawyer a cloud-based service designed for from Mr. Ambrogi’s column, but who loses a business client because the lawyers has had such an attack if you want to do some research the lawyer seems unfamiliar with reach their stored data. I’d suggest you start with the one secure online file management and I’ve often referred to using a from Pennsylvania. There are some information sharing. good cloud computing provider as improved ways to protect this data, As professionals, we each bring outsourcing your digital security such as two factor authentication our experience and training to to those better trained to handle it. that were not commonly available each engagement. Some of us have Last summer, the OBA recog- when these opinions were written. different appetites for risk. None nized six cloud-based practice man- Certainly, we have all heard of of us would risk our client’s con- agement solutions as OBA members hacks to online data that someone fidential information. Protecting benefits, which generally means thought and hoped was secure, but that our client’s confidences is a core new subscribers will get a discount.2 is only one risk and it applies to your value of our profession, but there The services are Clio, CosmoLex, office’s internet-connected computers is no completely risk-free alterna- MyCase, PracticePanther, Rocket as well as cloud-based providers. tive for business operations that Matter and Zola Suite. They all A significant risk today is that the require internet access. provide client portals for secure end user will not protect their pass- I’m a lawyer who once drove off communication with clients in words well or have adequate secu- with my briefcase full of client files addition to many other features. rity tools on their computer, allowing on the top of my vehicle’s trunk access to their client data through instead of inside it. I saw the result- THE RISKS OF that method as opposed to a hacker ing disaster in my rear-view mirror. CLOUD COMPUTING breaching the system. Phishing I recall thinking I needed to buy a Many lawyers are concerned emails of all types are another sub- new briefcase anyway and being about the ethics of keeping client stantial risk to your office computers. quite grateful it was not a windy data in the cloud. There’s no doubt Oklahoma does not have a legal day. That illustrates that having that randomly using any cloud- ethics advisory opinion on cloud critical client information stored based data storage for client infor- computing, but in 2010 then-OBA only in physical client files is not mation may not be the best plan, but Ethics Counsel Travis Pickens risk-free either. In earlier times that most commercial grade cloud-storage wrote about cloud computing in was a lawyer’s only choice. Today service providers are quite con- the Oklahoma Bar Journal. He noted: you need a backup of the data – and cerned about security. After all, the a way to keep your law practice viability and continued existence of But rock-solid certainty is not operating in the face of any disaster. their businesses depend on it. required. Significantly, in the I would also note that the few ethics opinions that have cloud-based practice management addressed it, the consensus Mr. Calloway is OBA Management systems were designed for law- appears to be that the law firm Assistance Program director. Need yers to store client data and so is not required to guarantee that a quick answer to a tech problem client confidentiality and security the system will be invulnerable or help solving a management was upmost in mind. to unauthorized access.4 dilemma? Contact him at 405-416- Legal technology journalist 7008, 800-522-8060, jimc@okbar. Robert Ambrogi compiled a list of There are many risks today. org. It’s a free member benefit! 19 states that have issued legal eth- I am concerned about the law- ics advisory opinions (with links yer who has a computer crash or ENDNOTES to each) and he noted: malware attack and hadn’t backed 1. Dennis Kennedy, TECHREPORT 2017 “2017 Cloud Computing,” www.americanbar.org/ up his or her data. I am concerned groups/law_practice/publications/techreport/2017/ The good news here is that all about the lawyer who cannot cloud_computing/. 2. “Six Attorney Practice Management Tools 19 of the states that have consid- handle a client emergency that Added as OBA Member Benefits,” www.okbar.org/ ered the issue agree that lawyers requires access to documents in six-attorney-practice-management-tools- added-as-oba-member-benefits/. may ethically use the cloud, pro- a client file when their law office 3. Robert Ambrogi, “Cloud Ethics Opinions: A vided they take reasonable steps is closed and the lawyer is out of Full List (Maybe),” www.lawsitesblog.com/2014/05/ cloud-ethics-opinions-full-list.html. to minimize risk to confidential town. I’m concerned for the lawyer 4. Travis Pickens, “Ethics up in the Clouds,” 81 information and client files.3 who loses a briefcase with an irre- Oklahoma Bar Journal 2407 (11/6/2010). placeable client file or whose office

58 | JANUARY 2019 THE OKLAHOMA BAR JOURNAL

Ethics & Professional Responsibility Ethics of Legal Marijuana in Oklahoma By Joe Balkenbush

N JUNE 26, OKLAHOMA (Louisiana) revised their Rules of good faith effort to determine Ovoters approved State Professional Conduct and prohibited the validity, scope, meaning or Question 788 (SQ 788) and med- attorneys from assisting or advis- application of the law. ical marijuana became legal in ing a client regarding legal mar- Oklahoma that same day. On that ijuana. Several other states chose Comment 9. Criminal, date, Oklahoma became the 31st to not modify their existing rules. Fraudulent and Prohibited jurisdiction in the United States (30 The majority of states did modify Transactions states and the District of Columbia) their rules and allowed attorneys to [9] Paragraph (d) prohibits a law- to legalize marijuana either recre- advise and assist clients regarding yer from knowingly counseling ationally or medically. Four more legal marijuana in their state. or assisting a client to commit a states legalized marijuana in the There were several meetings crime or fraud. This prohibition, recent midterm elections. of the members of the Rules however, does not preclude the Because marijuana is still a Committee and considerable lawyer from giving an hon- Schedule 1 drug and classified as debate/discussion was had. The est opinion about the actual a controlled dangerous substance discussions between committee consequences that appear likely per federal law (along with heroin, members were along the same to result from a client’s conduct. LSD, ecstasy and peyote), there is lines as other jurisdictions with Nor does the fact that a client a conflict between Oklahoma law legal marijuana. A few members uses advice in a course of action and federal law. That conflict raises thought that advising and assist- that is criminal or fraudulent the question as to whether a lawyer ing should be prohibited. Several of itself make a lawyer a party in Oklahoma could/should advise other members believed that the to the course of action. There is and/or assist a client regarding a issue of advising and assisting cli- a critical distinction between business associated with the medi- ents regarding illegal activities are presenting an analysis of legal cal marijuana industry. covered by the current ORPC, spe- aspects of questionable conduct When SQ 788 passed, the OBA cifically Rule 1.2(d) and Comment and recommending the means Rules of Professional Conduct 9 to said rule and Rule 2.1. by which a crime or fraud might Committee (Rules Committee) was be committed with impunity. tasked with drafting a proposed Rule 1.2. Scope Of Representation revision of the Oklahoma Rules of and Allocation of Authority Rule 2.1. Advisor Professional Conduct (ORPC). Prior Between Client and Lawyer In representing a client, a law- to the first meeting of the Rules (d) A lawyer shall not counsel a yer shall exercise independent Committee, committee members client to engage, or assist a cli- professional judgment and ren- gathered information and pre- ent, in conduct that the lawyer der candid advice. In render- pared a chart which set out what knows is criminal or fraudu- ing advice, a lawyer may refer action was taken by every other lent, but a lawyer may discuss not only to law but to other jurisdiction concerning amend- the legal consequences of any considerations such as moral, ment/modification of their existing proposed course of conduct economic, social and political Rules of Professional Conduct. with a client and may coun- factors, that may be relevant to That research found that one state sel or assist a client to make a the client’s situation.

60 | JANUARY 2019 THE OKLAHOMA BAR JOURNAL During the interim period while the proposed amendment to the rule is being considered by the Oklahoma Supreme Court, the OBA strongly recommends that lawyers who advise and assist clients with legal marijuana-related business, regularly caution each client regarding the conflict between federal and state law, preferably with a written disclosure, warning, caveat, etc. and maintain a record of same.

The Rules Committee reviewed The proposed amendment to the client regarding legal marijuana- a number of drafts and subse- rule is: related laws. quently provided proposed Rule During the interim period 1.2(e) to the OBA executive direc- RULE 1.2 SCOPE OF while the proposed amendment tor. The proposed rule was put REPRESENTATION to the rule is being considered by on the agenda for consideration AND ALLOCATION OF the Oklahoma Supreme Court, at the next meeting of the Board AUTHORITY BETWEEN the OBA strongly recommends of Governors (BOG). It is their CLIENT AND LAWYER that lawyers who advise and responsibility to either recom- assist clients with legal marijuana- mend or not recommend the (e) This paragraph is a limited related business, regularly caution proposed rule to the House exception to the requirements of each client regarding the conflict of Delegates for consideration. paragraph (d) of this rule. A law- between federal and state law, At the next BOG meeting, the yer may counsel and assist a cli- preferably with a written disclo- proposed rule change was consid- ent regarding marijuana related sure, warning, caveat, etc. and ered. After hearing presentations laws of the State of Oklahoma. maintain a record of same. from each side of the issue, the In the event Oklahoma law proposed amendment to the rule conflicts with federal or tribal was not recommended. law, the lawyer shall also advise Mr. Balkenbush is OBA ethics When the House of Delegates the client regarding federal and counsel. Have an ethics question? met at the Annual Meeting on tribal law and policy. It’s a member benefit and all Nov. 9, the proposed resolution was inquiries are confidential. Contact read aloud and numerous argu- While conducting the above him at [email protected] or ments for and against the resolu- referenced research regarding 405-416-7055; 800-522-8065. tion were heard. The members of any changes to the Rules of the House of Delegates then voted, Professional Conduct in other and the resolution was approved. jurisdictions, I also inquired as to OBA Resolution 2018, which whether any attorneys had been provided for amendment of the disciplined based upon their advice ORPC adding Rule 1.2(e) was sent or assistance to clients. To date, by the House of Delegates to the no jurisdiction has disciplined an Supreme Court for consideration. attorney for advising or assisting a

THE OKLAHOMA BAR JOURNAL JANUARY 2019 | 61

Board of Governors Actions Meeting Summary

The Oklahoma Bar Association luncheon, YLD board meeting and reported she attended the OCU Board of Governors met Nov. 7, 2018, staff Annual Meeting briefing meeting. School of Law alumni luncheon and at the Hyatt Regency Hotel in Tulsa Cleveland County Bar Association in conjunction with the OBA Annual REPORT OF THE executive meeting. Governor Oliver Meeting. PAST PRESIDENT reported he attended the OCU Past President Thomas reported School of Law alumni luncheon. REPORT OF THE PRESIDENT she attended the Women in Law Governor Williams reported he President Hays reported she Conference, Washington County attended a meeting with the Tulsa attended the OBA Family Law Bar Association meeting and TU County Bar Association’s market- Section meeting and the Women College of Law alumni luncheon at ing director to discuss benefits in Law Conference at which which she presented an OBA award. of bar membership and the OBA she presented the Mona Salyer Diversity Committee award dinner Lambird Spotlight Awards. She BOARD MEMBER REPORTS in Oklahoma City. He presided also worked on final Annual Governor Beese reported he at a Professional Responsibility Meeting planning details. attended the Muskogee County Tribunal reinstatement proceeding Bar Association meeting. Governor followed by two hearings. REPORT OF THE VICE PRESIDENT Coyle reported he attended the Vice President Stevens reported Oklahoma County Bar Association REPORT OF THE YOUNG he attended the OU College of meeting and delegate caucus. LAWYERS DIVISION Law alumni luncheon. Governor Fields reported he Governor Richter reported he attended the Professionalism chaired the YLD monthly meeting REPORT OF THE Committee meeting. Governor and attended the Canadian County PRESIDENT-ELECT Hennigh reported he attended the Bar Association meeting and President-Elect Chesnut reported Garfield County Bar Association Robert J. Turner Inn of Court meet- he attended the Ottawa County meeting. Governor Hermanson ing. He said the division will hold a Bar Association meeting and OU reported he attended the Law Wills for Heroes event tomorrow. College of Law alumni luncheon. Day Committee meeting and the He worked on the drafting and Pioneer Tech Center Criminal REPORT OF THE preparation of the budget memo- Justice Advisory Board meeting. GENERAL COUNSEL randum to the Oklahoma Supreme He took part in the Oklahoma City A written report of Professional Court in addition to working on and Tulsa press conferences on the Responsibility Commission actions various committee appointments kickoff of the statewide Uninsured and OBA disciplinary matters required of the president-elect. Vehicle Enforcement Diversion for October was submitted to the Program and chaired both the board for its review. REPORT OF THE October District Attorneys Council EXECUTIVE DIRECTOR meeting and Oklahoma District BOARD LIAISON REPORTS Executive Director Williams Attorneys Association Board of Governor Hermanson described reported he was involved in plan- Directors meeting. Governor Hicks the TV show segments the Law ning with President-Elect Chesnut reported he attended the Tulsa Day Committee is working on and attended the Legislative County Bar Association board meet- and reported Law Day contest Monitoring Committee meeting, ing, Tulsa County Bar Foundation- promotion has started. The com- Access to Justice Commission related meetings and the TCBF mittee will hold its next meeting meeting, Women in Law Conference board meeting. Governor Hutter during Annual Meeting. Governor

THE OKLAHOMA BAR JOURNAL JANUARY 2019 | 63 Williams reported the Diversity Board of Editors – reappoint- M. Fox, Tulsa, with terms expiring Committee held its awards dinner ment of Melissa G. DeLacerda, 12/31/2021. and boot camp events. Governor Stillwater, as chairperson with a Fields reported the Professionalism term expiring 12/31/2019; appoint- Oklahoma Indian Legal Services Committee discussed the success of ment as associate editor Virginia Board of Directors – reappointment its CLE seminar and plans to hold Henson, Norman (Dist. 5) and of Kymberly D. Cravatt, Ada; and another one next year. Governor reappointment as associate editors Taiawagi Helton, Oklahoma City, Hutter reported the Women in Law P. Luke Adams, Clinton (Dist. 4) with terms expiring 12/31/2021. Committee held its conference, and Patricia Flanagan, Yukon (Dist. which was well attended. Governor 9) with terms expiring 12/31/2021. Professional Responsibility Hicks reported the Access to Justice Commission – appointment of Committee did a debrief on the Clients’ Security Fund – Richard Stevens, Norman, with a summit, which was well attended. reappointment of Micheal Salem, term expiring 12/31/2021. Governor Hennigh reported the Norman, as chairperson and Dan Legal Internship Committee Sprouse, Pauls Valley, as vice NEW CLE TASK FORCE will be 1) restructuring Form 1 to chairperson with terms expir- President-Elect Chestnut said provide questions designated for ing 12/31/2019; appointment of he is creating a new task force both regular and academic appli- Joe Vorndran, Shawnee, to fill an to review how continuing legal cants and changing the reference unexpired term ending 12/31/2019 education is delivered by the OBA regarding “proof of enrollment” in and Jennifer K. Christian, Oklahoma and to recommend how CLE can an internship program to “participa- City, to fill an unexpired term ending be improved to compete with more tion,” 2) amending Regulation 5 to 12/31/2020; reappointment as mem- than 800 CLE providers. He asked make application deadlines the last bers Daniel T. Sprouse, Pauls Valley; board members interested in serv- working day of the month and that Dietmar Caudle, Lawton; Catherine ing on the task force to contact him. the application packet must be com- Burton, Oklahoma City; and Ami plete by the submission deadline and 3) Chairperson Monks is mak- ing an application to the court to fill the vacancy on the Supreme Court Reviewing Panel created when Brant Elmore resigned. The committee is President-Elect Chestnut said he is creating also researching the possibility of offering CLE training for attorney a new task force to review how continuing supervisors to improve compliance with the rules/regulations. legal education is delivered by the OBA and OPIOID OVERDOSE FATALITY REVIEW BOARD to recommend how CLE can be improved to The board approved President Hays’ recommendation to submit compete with more than 800 CLE providers. the names of Linda Scoggins, Oklahoma City; Deborah Reheard, Eufaula; and Sabah Khalaf, Tulsa; to the attorney general as suggestions Swank, Norman, with terms expiring NEXT MEETING for appointment of one to the board 12/31/2021 and reappointment of lay The Board of Governors met in for a two-year term in accordance person Mary Pointer, Norman, with December. A summary of those with HB 2798 (63 O.S. Sec. 2-1001 a term expiring 12/31/2021. actions will be published in the and 1002); term expires 11/1/2020. Oklahoma Bar Journal once the MCLE Commission – appointment minutes are approved. The next APPOINTMENTS of Michael C. Mordy, Ardmore, as board meeting will be at 3 p.m. The board approved President- chairperson with a term expiring Thursday, Jan. 17, at the Oklahoma Elect Chesnut’s appointments and 12/31/2019; and appointment of Bar Center in Oklahoma City. reappointments of: members Faith Orlowski, Tulsa; Jon Ed Brown, Hugo; and April

64 | JANUARY 2019 THE OKLAHOMA BAR JOURNAL Bar Foundation News Meet the 2019 OBF Leadership Team

EXECUTIVE COMMITTEE

Jennifer Castillo Patrick O’Hara President President-Elect OG&E, Oklahoma City Tisdal & O’Hara, Oklahoma City

Jeffrey Trevillion Martha Cordell Valerie Couch Alan Souter Vice President Secretary Treasurer Past President Trevillion Law Firm, Tulsa OCU School of Law, Alan Souter PLLC, Tulsa Oklahoma City Oklahoma City

THE OKLAHOMA BAR JOURNAL JANUARY 2019 | 65 STAFF

Renee DeMoss Candice Pace Jessi Hesami Deb Holt Executive Director Development & Executive Assistant IOLTA Manager Communications Director

BOARD OF TRUSTEES Wayne Billings, Fellers Snider, Oklahoma City M. Courtney Briggs, Derrick & Briggs, Oklahoma City Tiece Dempsey, Federal Public Defender Western District of Oklahoma, Oklahoma City Jim Dowell, Dowell Law, Woodward Gary W. Farabough, Pasley Farabough & Mouldedox, Ardmore Amber Peckio Garrett, Garrett Law Center, Tulsa Deanna Hartley-Kelso, Indian & Environmental Law Group, Ada Kaleb Hennigh, Ewbank Hennigh McVay Law Group, Enid Laura Hill, The Williams Companies, Tulsa Allen L. Hutson, Crowe & Dunlevy, Oklahoma City Paul Kluver, Kluver Law Office, Clinton Jack McCarty, Jack De McCarty Law Firm, Newkirk LeAnne McGill, McGill Rogers, Edmond O. Chris Meyers, Meyers Law Firm, Lawton Terry Mason Moore, Moore Law Office and tribal judge, Fairfax Nathan Richter, Denton Law Firm, Mustang Andrew Shank, Eller & Detrich, Tulsa Susan Shields, McAfee & Taft, Oklahoma City Bret Allan Smith, Bret A. Smith Attorneys at Law, Muskogee Michael T. Torrone, Logan & Lowry, Vinita Tom Vincent, GableGotwals, Tulsa

66 | JANUARY 2019 THE OKLAHOMA BAR JOURNAL

Young Lawyers Division Members Embracing Service and Involvement By Brandi N. Nowakowski

HEERS AND HAPPY NEW service-related projects. Since its of 2018 for the Berryhill Fire CYear! This is the time for inception, the YLD has taken the Department in Tulsa County. fresh starts and new beginnings helm on these projects benefitting Organized by YLD board mem- in life and likewise within our both our profession and the public ber and Community Service own bar association. For the at large. As such, the YLD board Co-Chair Dylan Erwin, YLD OBA, January marks a time of members volunteer their time and members took laptops, notary transition for leadership within talents to give back to the bar and stamps and a positive attitude our community. This is espe- their own communities through to the Berryhill Community cially true within the OBA Young the many events hosted and sup- Center to provide much needed Lawyers Division where we’ve ported by the YLD. pro bono estate planning to the seen an increased interest and For example, during Annual members of the fire department. renewed vigor for service to the Meeting the YLD hosted its The well-deserving local heroes bar and our local communities. second Wills for Heroes event were able to meet with lawyers Elections for several positions to obtain wills, durable power of on the YLD Board of Directors attorneys and advance directives were held in October. I am so free of charge. very grateful for everyone who exhibited a true servant’s heart NETWORKING by running for a seat on the Further, the YLD regularly YLD board. hosts social and networking It is with great pleasure and events to provide an oppor- appreciation that we welcome tunity for young lawyers to our new YLD board mem- meet and connect with more bers Bevan Graybill Stockdell experienced members of the and Virginia Hefner (District bar. These events include wel- 3), Brittany Byers (District 5), come receptions for our newly Rhiannon Baker and Tessa Hager sworn-in colleagues, as well as (District 6), Margaret Cook the hospitality suites at the Solo (District 7), April Moaning and & Small Firm Conference and the Alyssa King (At-Large) and Annual Meeting. This year was T. Chase McBride (At-Large Rural). no exception, as the YLD joined with the OBA and Oklahoma COMMUNITY SERVICE Bar Foundation to support OBA The OBA YLD is often President Kim Hays and OBF referred to as the service arm of Chair Alan Souter’s ‘80s-themed the OBA. The YLD was originally House Party social event. created to provide an avenue for YLD member Blake Lynch helps a Oklahoma’s young lawyers to member of the Berryhill Fire Department work on bar-related and public with his legal needs.

68 | JANUARY 2019 THE OKLAHOMA BAR JOURNAL THE YEAR AHEAD As I contemplate the coming year, I envision a unified bar with more young lawyer leaders taking an active role in the OBA overall. The strong leadership of my predecessors and generous support from the OBA have laid a foundation upon which we can build and grow. Young lawyers are the future of the organization and the profession. It is impera- tive that we, as young lawyers, take ownership of our future by being engaged and getting involved. Moreover, we must be willing to step up, encourage and inspire each other to serve and to lead. Under the guidance of President Chuck Chesnut and Immediate Past President Kim Hays, I know the YLD will con- tinue to increase our active role in the OBA through committee service and leadership positions throughout the bar. I am excited about 2019 and look forward to the opportunities to come.

Ms. Nowakowski practices in Shawnee and serves as the YLD chairperson. She may be contacted at [email protected]. Keep up with the YLD at www.facebook. com/yld. At a Wills for Heroes community service event in Berryhill, YLD member Scott Cordell (right) provides free legal services to clients.

THE OKLAHOMA BAR JOURNAL JANUARY 2019 | 69 For Your Information

SAVE THE DATE! OBA DAY AT THE CAPITOL MARCH 12 OBA MEMBER RESIGNATIONS Oklahoma lawyers, let your voices be heard! OBA will host its annual The following members have Day at the Capitol Tuesday, March 12. Registration begins at 9:30 a.m. at the resigned as members of the associ- Oklahoma Bar Center, 1901 N. Lincoln Blvd., and the agenda will feature ation and notice is hereby given of speakers commenting on legislation affecting various practice areas. We such resignation: will also have remarks from the judiciary and bar leaders, and lunch will be provided before heading to the Capitol for the afternoon. RSVP by Antoine J. Bastien van der Meer emailing [email protected]. OBA No. 18624 560 Westlake Drive West Sacramento, CA 95605

James Randall Tuley OBA No. 12904 8900 W. Graham Rocheport, MO 65279

Administrative Office of the Courts Director Jari Askins addresses 2018 Day at the Capitol attendees.

COURT OF CIVIL APPEALS JUDICIAL ASSIGNMENTS ANNOUNCED The Court of Civil Appeals judicial assignments have been announced. Brian Jack Goree of Oklahoma City will serve as the chief judge and IMPORTANT UPCOMING DATES Jane P. Wiseman of Tulsa will serve as vice chief judge. The following Don’t forget the Oklahoma Bar have been selected to serve as presiding judge for their division: Larry E. Center will be closed Monday, Joplin, Division I; John F. Fischer, Division II; E. Bay Mitchell III, Division Jan. 21, in observance of Martin III; and Debra B. Barnes, Division IV. These positions are all a one-year Luther King Jr. Day and Monday, term that began Jan. 1. Feb. 18, in observance of Presidents Day. Also, be sure to docket the 2019 Solo & Small Firm Conference JUSTICE GURICH AND JUSTICE WYRICK TO BE SWORN IN JAN. 15 in Tulsa June 20-22 and the OBA All OBA members Annual Meeting in Oklahoma are invited to attend the City Nov. 6-8. formal swearing-in ceremony of Justice Noma Gurich as ASPIRING WRITERS Oklahoma Supreme TAKE NOTE Court chief justice and We want to feature your work Justice Patrick Wyrick on “The Back Page.” Submit articles as Oklahoma Supreme related to the practice of law, or Court vice chief justice. send us something humorous, The swearing-in cere- transforming or intriguing. Poetry mony will take place is an option too. Send submissions Jan. 15 at 2 p.m. in the House of Representatives at the state Capitol. The of about 500 words to OBA OBA will broadcast the ceremony as a Facebook Live event. A reception Communications Director Carol will be held directly after the ceremony on the 4th floor rotunda. Manning, [email protected].

70 | JANUARY 2019 THE OKLAHOMA BAR JOURNAL LHL DISCUSSION GROUP HOSTS FEBRUARY MEETING “How Do You Know if You Are an Alcoholic or Not?” will be the topic of the Feb. 7 meeting of the Lawyers Helping Lawyers monthly discussion group. Each meeting, always the first Thursday of the month, is facilitated by committee members and a licensed mental health professional. The group meets from 6 to 7:30 p.m. at the office of Tom Cummings, 701 N.W. 13th St., Oklahoma City. There is no cost to attend and snacks will be provided. RSVPs to [email protected] are encouraged to ensure there is food for all.

CONNECT WITH THE OBA THROUGH SOCIAL MEDIA Have you checked out the OBA Facebook page? It’s a great way to get updates and information about upcoming events and the Oklahoma legal community. Like our page at www.facebook.com/ OKBarAssociation and be sure to follow @OklahomaBar on Twitter and @OKBarAssociation on Instagram.

FEB. 2, 2019 – OBA LEGISLATIVE READING DAY The Oklahoma Legislature reconvenes in February and hundreds of bills will be prefiled. Much of the pro- posed legislation could affect the administration of justice, and some will undoubtedly affect your practice. Join the OBA Legislative Monitoring Committee at 10 a.m. Saturday, Feb. 2, at the Oklahoma Bar Center and earn two hours of MCLE credit. Topics will include bills concerning medical marijuana, family law, criminal law, health law, estate planning, banking and general business law, civil procedure and courts, schools, environmental and natural resource law, Indian law and real estate law. Plus, there will be a presentation by Administrative Office of the Courts Director Jari Askins regarding funding of the judiciary and a panel of legislators to discuss questions. Lunch will be provided. RSVP to Debbie Brink at [email protected] if you’d like to attend.

THE OKLAHOMA BAR JOURNAL JANUARY 2019 | 71

Bench and Bar Briefs

ON THE MOVE AT THE PODIUM

A.J. Ferate joined the Oklahoma R. Kyle Alderson joined the Tulsa- Chris A. Paul of Wagoner pre- City office of Spencer Fane LLP as based firm of Titus Hillis Reynold sented a CLE in New York City of counsel. He will practice in the Love PC. Mr. Alderson previously on National Transportation Safety firm’s Litigation Practice Group. served as first assistant district Board (NTSB) issues arising from attorney in Osage and Pawnee transportation incidents. Jason B. Supplee joined the counties. United States Attorney’s Office Sanford C. Coats of Oklahoma for the Southern District of Texas Lauren Barghols Hanna joined City presented “Ethical Concerns in the Corpus Christi/Victoria the Oklahoma City office of for In-house Counsel” at an Branch. Mr. Supplee practices in Phillips Murrah as an of coun- Association of Corporate Counsel the Criminal Division. sel attorney. Ms. Hanna will Oklahoma chapter event. practice in the firm’s Labor and Employment Practice Group. Brian W. Farabough of Amarillo, Texas, spoke at the Texas A&M AgriLife Western Anadarko Basin Oil & Gas Conference. He KUDOS addressed an audience of over 200 Oklahoma and Texas min- Mike Mordy of Ardmore was Kari Hoffhines of Oklahoma City eral owners on “Landowner Best named chair of the Oklahoma was named to the Top 20 Under Practices & the Importance of the Judicial Nominating Commission. 40 list by The Edmond Sun and The Written Agreement.” Mr. Mordy previously served as Business Times of Edmond. This honor vice chair of the commission. is given to the next generation of Donna De Simone of Tulsa Edmond community business lead- presented “HIPPA, Social Media, ers who are already making their Data Breaches & The Nurse - A presence and influence within their New Malpractice Worry!” at The respective industries. American Association of Nurse Attorneys 2018 Annual Conference in Denver.

HOW TO PLACE AN from you. Sections, committees, Submit news items to: ANNOUNCEMENT: and county bar associations The Oklahoma Bar Journal are encouraged to submit short Lacey Plaudis welcomes short articles or news stories about upcoming or recent Communications Dept. items about OBA members and activities. Honors bestowed by other Oklahoma Bar Association upcoming meetings. If you are an publications (e.g., Super Lawyers, Best 405-416-7017 OBA member and you’ve moved, Lawyers, etc.) will not be accepted as [email protected] become a partner, hired an associate, announcements. (Oklahoma based taken on a partner, received a publications are the exception.) Articles for the March issue must be promotion or an award, or given Information selected for publication received by Feb. 1. a talk or speech with statewide or is printed at no cost, subject to national stature, we’d like to hear editing and printed as space permits.

THE OKLAHOMA BAR JOURNAL JANUARY 2019 | 73 In Memoriam

llen Willie Counts Jr. of volunteered through the Retired lifton Max Speegle of Nichols AMuskogee died Oct. 28. He was Seniors Volunteer Program in CHills died Nov. 20. He was born born Sept. 1, 1943, in Oklahoma City. several capacities, including teach- Sept. 1, 1945, in Oklahoma City. He He graduated from Manual ing computer skills to seniors at graduated from Stillwater High Training High School in 1961. He Woodland Terrace and Burgundy School in 1963. He joined the U.S. attended Howard University where Place. Donations may be made in Naval Reserves following high he pledged Alpha Phi Alpha and his honor to Catholic Charities, school, spending college summers earned his Bachelor of Science in 2450 N Harvard Ave., Tulsa 74115. on Navy ships around the world. 1966. Mr. Counts earned his J.D. in He received his bachelor’s degree in 1970 from the Howard University ric G. Melders of Oklahoma business administration from OSU School of Law and his MBA in ECity died Oct. 17. He was born in 1967. After being honorably dis- 1972 from The Wharton School at Feb. 4, 1957, in Freeport, New charged from the Navy at the rank the University of Pennsylvania. York. He received a B.A. degree of lieutenant in 1971, he returned to Following his graduation from from the State University of New Oklahoma. Mr. Speegle received his The Wharton School, he worked York at Stony Brook and his J.D. J.D. from the OU College of Law in at Citibank, first in New York, and from the OCU School of Law. Mr. 1974. His professional achievements then in Hong Kong. In New York, Melders began his career at Legal include 44 years in private law prac- he co-founded Pryor, Counts & Aid Services of Oklahoma where tice and serving as municipal judge Co., which was once the largest he represented clients with dis- for the city of Edmond from 1977 to African-American owned and abilities. He then joined the Jack 1986, Edmond city attorney from 1986 controlled investment-banking firm Gray Law Firm and continued to to 1987, Edmond city manager 1987 in the United States. Later in life, represent the disabled. In 1992, he to 1994, general counsel of Oklahoma Mr. Counts returned to Muskogee joined the law firm of Robert G. Municipal Power Authority from to practice law. Memorial dona- Grove and Associates and became 1994 to 2010. He was also an adjunct tions may be made to the Howard a partner in 1996. Donations in instructor at UCO. Memorial dona- University School of Law Annual his name can be made to the tions may be made to the Oklahoma Fund at howard.edu/give. Donors Alzheimer’s Association, 6601 Medical Research Foundation. should indicate their donations are Broadway Extension, Suite 120, in memory of Allen Counts. Oklahoma City 73116. ichard E. Wright III of Tulsa Rdied Oct. 31. He was born ohn G. Kneafsey of Tulsa died ohn E. Sargent Jr. of Nichols Nov. 22, 1939 in Oklahoma City. JNov. 4. He was born May 9, JHills died Nov. 7. He was born He received his J.D. from the OU 1932, in Philadelphia. He served May 27, 1943, in Bell California. He College of Law in 1964 and prac- as vice president of PepsiCo attended Marquette Grade School ticed business and estate law for Transportation, managing director and Cascia Hall High School grad- 50 years in Tulsa. He gave his of the Tulsa office of Marsh & uating in 1961. Mr. Sargent went time to little league baseball, Boy McLennan and vice president on to graduate from Villanova Scouts of America, Tulsa Public of Alexander & Alexander. Mr. University receiving a Bachelor of Schools, his church and Family Kneafsey was a graduate of St. Science in Economics in Villanova, and Children Services. Mr. Wright Thomas More High School in Pennsylvania, before joining the was an avid golfer and story teller. Philadelphia, Villanova University U.S. Navy in 1966 serving in the Memorial donations may be made and the Villanova University Vietnam War. He received his J.D. to The First Tee at thefirsttee.org/ Charles Widger School of Law. from the OU College of Law. While donate or to the Iron Gate at iron- He was active at St. Bernard of working at MacAfee & Taft Law gatetulsa.org/donate. Clairvaux Catholic Church, where firm for the last 48 years. He was a he served as a lector, extraordi- member of the Oklahoma County nary minister of holy commu- Bar Association, the OBA Title nion, RCIA sponsor, religious Examination Standards Committee education teacher and visitor to and Real Property Section and the homebound and sick. He also Christ the King Catholic Church.

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2019 ISSUES

FEBRUARY MAY OCTOBER Estate Planning Technology Appellate Law Editor: Amanda Grant Editor: C. Scott Jones Editor: Luke Adams [email protected] [email protected] [email protected] Deadline: May 1, 2019 MARCH AUGUST Criminal Law Access to Justice NOVEMBER Editor: Aaron Bundy Editor: Melissa DeLacerda Indian Law [email protected] [email protected] Editor: Leslie Taylor Deadline: May 1, 2019 [email protected] APRIL Deadline: Aug. 1, 2019 Law Day SEPTEMBER Editor: Carol Manning Bar Convention DECEMBER Editor: Carol Manning Starting a Law Practice Editor: Patricia Flanagan [email protected] Deadline: Aug. 1, 2019

If you would like to write an article on these topics, contact the editor.

76 | JANUARY 2019 THE OKLAHOMA BAR JOURNAL What’s Online

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78 | JANUARY 2019 THE OKLAHOMA BAR JOURNAL POSITIONS AVAILABLE POSITIONS AVAILABLE

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Are you fervent upon successful applicant’s experience and interest. To about equal justice? Legal Aid Services of Oklahoma apply, applicants should submit a cover letter, resume and (LASO) is a nonprofit law firm dedicated to the civil references by email to [email protected]. legal needs of low-income persons. If you are passionate about advocating for the rights of the Latino community, MAKE A DIFFERENCE AS THE ATTORNEY FOR A LASO is the place for you, offering opportunities to MEDICAL/LEGAL PARTNERSHIP. Are you fervent make a difference and to be part of a dedicated team. about equal justice? Legal Aid Services of Oklahoma LASO has 20 law offices across Oklahoma, and LASO (LASO) is a nonprofit law firm dedicated to the civil legal has an opening for a passionate bilingual attorney in its needs of low-income persons. If you are passionate about Oklahoma City office. The successful candidate should have advocating for the rights of underserved, LASO is the experience in the practice of family law, with meaningful place for you, offering opportunities to make a difference experience/desire to serve the Latino population. LASO and to be part of a dedicated team. LASO has 20 law offers a competitive salary and a very generous benefits offices across Oklahoma, and LASO has an opening for package, including health, dental, life, pension, liberal a passionate attorney in our Oklahoma City office to paid time off and loan repayment assistance. Additionally, assist with a medical/legal partnership between LASO LASO offers a great work environment and educational/ and the city/county health department. LASO offers a career opportunities. The online application can be found competitive salary and a very generous benefits package, at legalaidokemployment.wufoo.com/forms/z7x4z5/. including health, dental, life, pension, liberal paid time Website: www.legalaidok.org. Legal Aid is an Equal off and loan repayment assistance. Additionally, LASO Opportunity/Affirmative Action Employer. offers a great work environment and educational/career opportunities. The online application can be found at legalaidokemployment.wufoo.com/forms/z7x4z5/. Website: www.legalaidok.org. Legal Aid is an Equal Opportunity/Affirmative Action Employer

THE OKLAHOMA BAR JOURNAL JANUARY 2019 | 79 The Back Page Reliving the Glory Days By Stefan A. Mecke

the site was being considered for Amazon’s second headquarters.

As I contemplated the impact of online shopping on retailers in general, I saw an old familiar friend. Instinctively, I started walk- ing toward a screen featuring a small and simple triangular ship flying through space. I had just

Photographer: Stefan Mecke walked into an “old-school ’80s style arcade” that seemingly had not changed over the decades. It had been a long time since any of us had carried actual quarters around so I wasn’t surprised when the gaming experience manager walked up and explained the games were all on Y FAMILY RECENTLY mall food court miracle. Sadly, free play and could be rented by the Mmade a stop in Plano, Texas, the food court was disappointing. hour. Interestingly, he also added in search of a food court and some What had clearly been an epically that the younger kids usually played space to walk around after Google grand food court in its day now the antiquated arcade games for a Maps identified a shopping mall featured vast amounts of open few minutes but would typically nearby. As we pulled up to the seating, a lone Pita Place and an get bored and migrate to the back of parking lot, I was a little surprised American Cookie Company. the store where they had the newer to see it mostly vacant. I jumped Fortunately, the group agreed to games like X-Box and Nintendo. The right into education mode, sharing join me in a few circles of the mall old games as it turned out were short tales of mall life and what it was to stretch our legs after a long drive. lived and ended with an abrupt like growing up in the ’80s. I told I wondered what had happened to “Game Over” which had a tendency tales of dropping quarters into the mall. The mall had likely been to frustrate modern gamers used to large free standing machines in a socially significant place for many multiple levels and unlimited access places called arcades, often located like my wife and I who had grown to coins and rewards. at shopping malls just like the one up in the ’80s. One of the boys A short time after zapping we were walking into. looked up from his iPhone and Asteroids, I noticed our boys play- I excitedly stormed through matter-of-factly read the following ing arcade games on-hand like Pac- the mall doors only to be greeted explanation from his screen (while Man and Space Invaders. I appre- with a raucous laughter. The we continued walking): ciated reliving the glory days with mall was dead. The doors were my boys despite their assessment of shuttered and storefronts covered Built in 1981, Collin Creek Mall the stop as an epic fail. with paper. I decided to go all in has lost shoppers to newer retail by marching through the vacant centers and digital retail outlets mall to its center, in hopes of a including Amazon. Ironically, Mr. Mecke practices in Tulsa.

80 | JANUARY 2019 THE OKLAHOMA BAR JOURNAL MORE OPTIONS January 15 Yelp, I've Fallen for Social Media and I Can't LinkedOut: The Ethical Pitfalls of Social Media Presented by: Legal Humorist FOR YOUR CLE Sean Carter January 19 The 2018 Ethy Awards on-demand webcast Presented by: Legal Humorist Sean Carter catagories encores January 23 The Ties That Bind: Avoiding Appellate Practice Jan. 21 & Feb. 7 Jan. 31 & Feb. 14 Inappropriate Entanglements Arbitration / Mediation Don't Let Unique Hot Issues in Family Law in the Practice of Law Banking Law (6 total credit hours/ Presented by: Legal Humorist Bankruptcy Law Situations in Estate including 1 hours of ethics) Sean Carter Business & Corporate Law Planning Kick You Constitutional Law Criminal Law in the Assets Feb. 13 & May 15 January 31 The Truth, Disability Law (6 total credit hours/ 2018 Labor and The Whole Truth and including 1 hours of ethics) DUI Law Employment Law Update Nothing But the Truth: The Ethycal Imperative for Elder Law (6 total credit hour/ Electronic Discovery Honesty in Law Practice including 1 hours of ethics) Presented by: L Energy & Natural Resources Jan. 22 & Feb. 8 egal Humorist Environmental & Energy 2018 Banking & Sean Carter Estate Planning Feb. 13 & May 2 Ethics Commercial Law Update 2018 Indian Law February 5 (6 total credit hours/ Family Law including 2 hour of ethics) (6 total credit hour/ It's Not the Fruit, It's the Root: General Education including 1 hours of ethics) Getting to the Bottom of Our General Practice Ethical Ills Health Law Presented by: Legal Humorist Immigration Law Jan. 23, Feb. 11 & Mar. 19 & May 9 Sean Carter Indian Law May 21 2018 Advanced Bankruptcy Insurance Law Fall Elder Law Conference Seminar - Day One February 12 Labor & Employment Law of the Oklahoma Chapter (6 total credit hour/ Show Me The Ethics!: Law Office Management including 0 hours of ethics) The Ethycal Way to Bill for and Law Practice Manage- of NAELA - Day One Legal Services ment & Technology (6 total credit hour/ Presented by: Legal Humorist LGBT Mar. 20 & May 10 Q including 1 hours of ethics) Sean Carter Litigation / Civil Litigation 2018 Advanced Bankruptcy Marijuana / Cannabis Seminar - Day Two Mental Health (6 total credit hour/ February 23 The 2018 Ethy Awards Military/Veterans Jan. 24, Feb. 12 & including 1 hours of ethics) Oil and Gas May 22 Presented by: Legal Humorist Personal Injury Law Fall Elder Law Conference Sean Carter Real Property of the Oklahoma Chapter Social Security / Medicaid February 26 Tax Law of NAELA - Day Two To register for any Nice Lawyers Finish First (6 total credit hour/ Webcast Encore, Presented by: Legal Humorist Trust & Probate Law including 1 hours of ethics) Work/Life Balance follow this link: Sean Carter ...AND MORE!! https://bit.ly/2A8w6Sc

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A must for attorneys, paralegals, support staff and IT professionals 2ND ANNUAL LEGAL TECHNOLOGY & LAW PRACTICE MANAGEMENT

IN-PERSON AND WEBCAST AVAILABLE. THIS PROGRAM WILL INSTITUTE FOR INFORMATION NOT BE RECORDED. Featuring: Barron Henly and Paul Unger GO TO WWW.OKBAR.ORG/CLE